Appeal No. 2001-0545 Page 2
Application No. 08/442,423
total candidate mixture may be partitioned from the
remainder of the candidate mixture;
c) partitioning the increased affinity nucleic acids from the
remainder of the nucleic acids in the candidate mixture; and
d) amplifying the increased affinity nucleic acids to yield a
mixture of nucleic acids enriched for sequences with
increased affinity to bFGF, whereby said nucleic acid ligand
is identified.
21. The method of claim 20 wherein said ligand is a 2΄-NH2-modified
ligand selected from the group consisting of SEQ ID NOS: 101-
146.
The panel relies upon the following art, which was cited by the examiner in
the Examiner’s Answer:
Grant et al. (Grant), “Insulin-like growth factor I acts as an angiogenic
agent in rabbit cornea and retina: comparative studies with basic fibroblast
growth factor,” Diabetologia, Vol. 36, pp. 282-91 (1993).
Hayek et al. (Hayek), “An in vivo model for the study of the angiogenic
effects of basic fibroblast growth factor,” Biochemical and Biophysical Research
Communications, Vol. 147, No. 2, pp. 876-80 (1987).
The claims stand rejected under 35 U.S.C. § 112, first paragraph, as
containing subject matter that was not described in the specification in such a
way as to enable one skilled in the art to which it pertains, or with which it is most
nearly connected, to make and/or use the invention. After careful review of the
record and consideration of the issue before us, we reverse the rejection under
35 U.S.C. § 112, first paragraph, for lack of enablement. We do, however, agree
with the examiner that certain of the claims on appeal are unpatentable in view
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