Ex Parte HOLMES et al - Page 2



              Appeal No. 2001-0636                                                                  Page 2                
              Application No. 08/824,513                                                                                  
                     medium comprising cells, thereby forming a membrane/culture mixture; and                             
                     b)  maintaining the mixture under conditions sufficient for cell growth.                             
                     Claims 38 through 53 stand rejected under 35 U.S.C. § 112, first paragraph                           
              (enablement).                                                                                               
              The examiner does not rely upon any evidence in support of this rejection.  We reverse.                     
                                                       Discussion                                                         
                     Parent Application 08/293,284 has now issued as U.S. Patent No. 5,955,343                            
              ('343 patent).  The enablement issue raised by the examiner can be put in perspective                       
              in comparing claim 38 of this application reproduced above with claim 1 of the '343                         
              patent which reads as follows:                                                                              
                     1.  A method for in vitro cell culture comprising:                                                   
                     a)  adding a macroscopic membrane which is formed by self-assembly of                                
                     amphiphilic peptides in an aqueous solution containing monovalent metal                              
                     cations, wherein the peptides are 12 or more amino acids in length, have                             
                     alternating hydrophobic and hydrophilic amino acids, and are complementary                           
                     and structurally compatible, to a cell culture medium comprising cells, thereby                      
                     forming a membrane/culture mixture;                                                                  
                     b)  maintaining the mixture under conditions sufficient for cell growth.                             
                     As seen, claim 1 of the '343 patent is the same as claim 38 on appeal with one                       
              important difference.  Claim 1 of the '343 patent further limits the amphiphilic peptides                   
              which form the macroscopic membrane to those which have twelve or more amino                                
              acids in length.  Claim 38 on appeal places no limitation on the length of the amphiphilic                  
              peptides.  The issue raised by the examiner in the present enablement rejection is                          
              whether one skilled in the art would be able to make and use macroscopic membranes                          
              from amphiphilic peptides having the three stated requirements of claim 38, i.e.,                           






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