Appeal No. 1998-2195
Application No. 08/277,241
b) which substantially inhibits the stimulation of hCG secretion by
human trophoblasts caused by exogenous cyclic AMP in vitro;
c) which does not substantially inhibit the production of human
placental lactogen (hPL) by human trophoblasts in vitro; and
d) which exhibits a molecular weight of about 7,000 to about 10,000
daltons, as determined by untrafiltration and gel exclusion
chromatography;
from human decidual cells of said subject; and quantifying the amount of
the regulatory polypeptide produced in vitro by said subject’s human
decidual cells.
The examiner does not rely on any references.
Claims 28, 30-32, and 34-37 stand rejected under 35 U.S.C. § 112, first
paragraph, as not enabled by the specification.
We reverse.
Background
Appellants’ specification discloses a protein, referred to as decidual
inhibitory protein (DIP), which inhibits production of human choriogonadotropin
(hCG). Decreased hCG levels during pregnancy are associated with abnormal
pregnancies and can result in spontaneous abortion. Specification, page 2. The
specification states that DIP can be “measured in vivo or in vitro to diagnose the
cause of hCG inhibition as an indication of potential miscarriage.” Page 1.
Discussion
The examiner concedes that “[t]he specification has established that the
protein of the claims (DIP) does indeed inhibit the secretion of hCG,” and that
“the specification provides enablement for a bioassay for the measurement of
2
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