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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