Appeal No. 2003-1993
Application No. 09/470,526
Ex parte Jackson, 217 USPQ 804, 807 (1982).
In our view, upon reading the disclosure, those of ordinary skill in the art would
have been provided a reasonable amount of guidance to make and use a wee1
polynucleotide having at least 80% identity to the entire coding region of SEQ ID NO:1.
The specification, pages 27-29 outlines methods for transfection and transformation of
cells and the introduction of DNA into plants. The examples of the specification
indicate successful expression of zmwee1 in E. coli as evidenced by the successful
inhibition of cyclin-dependent protein kinase. Specification, pages 33-34. In view of the
successful transformation of cells with the disclosed and claimed specific wee1, we find
no evidence or sufficient indicated reason of record why one of ordinary skill in the art
would not have had a reasonable expectation of success in transforming cells and plant
cells with a wee1 polynucleotide having at least 80% identity to the entire coding region
of SEQ ID NO:1 without undue experimentation.
The rejection of the claims for lack of enablement is reversed.
CONCLUSION
The rejection of claims 2-11, 31, 33 and 35-36 under 35 U.S.C. § 112, first
paragraph as containing subject matter that was not described in the specification in
such a way as to reasonably convey to one skilled in the art at the time the application
was filed that the inventor had possession of the claimed invention is reversed.
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