Ex parte LIPPS - Page 13




              Appeal No. 1999-2141                                                                                           
              Application No. 08/657,164                                                                                     



              Cir. 1995).   Thus, as stated above, all that is necessary to satisfy the written description                  
              requirement of  35 U.S.C. § 112, first paragraph, is to convey to those skilled in the art,                    
              that, as of the filing date the applicant’s were in possession of the invention.    Vas-Cath                   
              Inc. v. Makurar, supra.                                                                                        
                      Appellant argues that the invention as now claimed is supported by the                                 
              specification at pages 4-5.  The specification page 5, line 5 appears to indicate that the                     
              fraction 6 obtained by HPLC can be used in the form obtained directly as a cell growth                         
              promoter or subjected to further purification.  Thus, the specification would appear to                        
              support purification of the protein in a single HPLC pass.  The specification would                            
              reasonably appear to convey to those skilled in the art, that, as of the filing date, the                      
              applicant’s were in possession of the invention.  The rejection of claims 8-10 under 35                        
              U.S.C. § 112 first paragraph is reversed.                                                                      
                                                      CONCLUSION                                                             
                      The rejections of claims 8-11 under 35 U.S.C. § 103 are reversed.   The rejection of                   
              claims 8-10 under 35 U.S.C. § 112, first paragraph is reversed.                                                
                      No time period for taking any subsequent action in connection with this appeal may                     
              be extended under 37 CFR § 1.136(a).                                                                           
                                                       REVERSED                                                              



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