Appeal No. 2002-0870 Page 5
Application No. 09/208,206
not required to disclose every species encompassed by their claims even in an
unpredictable art.” In re Angstadt, 537 F.2d 498, 504, 190 USPQ 214, 218 (CCPA
1976) (emphasis in the original).
Finally, the examiner’s bare assertion that “the instant application does not
provide enough guidance for one of skill in the art to make and use antigenically active
fragments of SEQ ID NO:2” (Answer, page 3) does not provide a reasonable basis to
question the adequacy of the disclosure provided for this aspect of the claimed
invention.
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