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.,Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007