Appeal No. 2002-0091 Page 9
Application No. 08/479,884
Summary
Those skilled in the art would expect that the vast majority of hGH variants
would have binding affinities different from that of wild-type hGH. The examiner
has conceded that those skilled in the art would know how to use hGH variants
with a wide range of binding affinities. The evidence of record therefore does not
support the examiner’s position that undue experimentation would have been
required to practice the full scope of the claims. The rejection for nonenablement
is reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Eric Grimes )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
EG/dym
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