Appeal No. 1999-0028
Application No. 08/513,610
As a consequence of our review, we make the determinations
which follow.
The enablement rejection
We do not sustain the rejection of claims 12 and 16
through 19 under 35 U.S.C. § 112, first paragraph, as being
based upon a disclosure which lacks enablement for treatment
steps.
Appellant’s disclosure clearly encompasses diagnosis and
treatment. However, the claims before us on appeal are
expressly drawn to a method for diagnosing a patient, with no
mention of any treatment. Thus, we determine that the
examiner’s enablement concerns regarding treatment in
rejecting claims 12 and 16 through 19 are unfounded. It is
for this reason that the enablement rejection cannot be
sustained.
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