Appeal No. 2004-1660 Page 6
Application No. 10/071,247
method of making and using bispecific antibodies for a two-step imaging process, had
possession of the genus of bispecific antibodies required by the claims at the time of
filing.
The examiner has failed to establish that one of ordinary skill in the art would not
have recognized that appellant invented what is claimed. The rejection of the claims for
lack of written description under 35 U.S.C. § 112, first paragraph, is reversed.
REVERSED
)
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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Toni R. Scheiner ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
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)
)
Eric Grimes )
Administrative Patent Judge )
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