Appeal No. 2002-0766 Page 7
Application No. 08/793,053
but as Appellants point out, an anomalously high level of osteonectin or
osteocalcin expression in a younger individual may indicate a risk that was not
previously appreciated.
In any event, the specification adequately discloses the claimed method,
and the examiner has provided no evidence to contradict the disclosed
correlation between osteonectin/osteocalcin expression and bone disorders.
Thus, the evidence supports Appellants’ position that the specification provides
adequate guidance to enable those skilled in the art to practice the claimed
method. The rejection under 35 U.S.C. § 112, first paragraph, is reversed.
Summary
The examiner has not provided a sufficient basis for doubting that the
claimed method could be practiced by those of ordinary skill in the art, without
undue experimentation. The rejection for nonenablement is therefore reversed.
REVERSED
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/dym
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