Appeal No. 2001-0759
Application 08/809,186
applicability of the rejection in view of appellants' Declaration evidence. We come to
this conclusion upon noting the examiner appears to have accepted the exhibits
attached to the Declaration of Dr. Weiner as evidence of the enablement of the claimed
invention to inhibiting the proliferation of T-cells and monocytes. We find the examiner
proffers no reasoning as to why the evidence presented, supporting the inhibition of
proliferation of T-cells and monocytes, would not also support the inhibition of
proliferation of B cells.
Upon review of the evidence of lack of enablement provided by the examiner and
the argument and evidence of appellants, we find that a preponderance of the evidence
supports the position of enablement of claims having the scope of pending claims 14,
15, 17, 21, 24, and 33-36. The rejection of claims 14, 15, 17, 21, 24, and 33-36 for
lack of enablement is reversed.
CONCLUSION
The rejection of claims 14, 15, 17, 21, 24, and 33-36. under 35 U.S.C. § 112,
first paragraph for lack of enablement to make and use the invention within the scope of
the claims is reversed.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
REVERSED
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