Appeal No. 1998-1625
Application 08/306,517
molecules in the claims are graft and which are stem” (answer,
page 3).
The examiner’s reasoning does not appear to be relevant
to claims 6, 7, 9, 11 and 12 which, as acknowledged by the
examiner (answer, page 4), do not include the terms “stem” and
“graft”. In any event, the examiner does not address the
above-stated inquiry regarding whether the disclosure provides
adequate written descriptive support for the invention recited
in these claims.
As for claim 13, this claim (step e) recites that the
graft molecules are bonded to the stem molecules. The
specification (page 6) discloses “introducing graft molecules
to the roots of stem molecules.” The examiner does not
explain why the appellants’ disclosures such as this one would
not have conveyed with reasonable clarity to those skilled in
the art that, as of the filing date sought, the appellants
were in possession of the claimed invention. The examiner,
therefore, has not carried the burden of establishing a prima
facie case of lack of adequate written description of the
subject matter of claim 13.
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