Appeal No. 2001-0636 Page 3
Application No. 08/824,513
alternating hydrophobic and hydrophilic amino acids, complementary and structurally
compatible1, wherein the peptides are less than 12 amino acids in length.
In stating the rejection on pages 3-4 of the Examiner's Answer, the examiner
emphasizes one fact, i.e., the vast majority of the original disclosure of this application
describes the present invention in terms of the amphiphilic peptides being of 12 or more
amino acids in length. However, that is not to say the original disclosure of this
application fails to describes amphiphilic peptides which have the “alternating,
complementary and structural” requirements but contain fewer than 12 amino acids in
length. For example, original claim 1 of this application was directed to a method for in
vitro cell culture as is present claim 38, but placed no length restriction on the
amphiphilic peptides which form the macroscopic membranes.
In this regard, we note that the examiner has not rejected the claims on appeal
under the written description requirement of 35 U.S.C. § 112, first paragraph. Given
that appellants have described an invention broader than claim 1 of the '343 patent, the
issue becomes whether one skilled in the art would be able to make and use the
claimed invention to the extent it reads upon amphiphilic peptides having the
“alternating, complementary, structural” properties but contain fewer than 12 amino
acids.
1 Hereinafter, these three properties will be referred to as “alternating,
complementary and structural.”
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