Appeal No. 2005-0147
Application No. 10/203,081
filed.
II. Claims 1, 4-6, 9-14 and 17-20 stand rejected under 35 U.S.C. § 112, first
paragraph, as being based on a non-enabling disclosure.
We have carefully considered the respective positions of both the appellant and
the examiner and find ourselves in substantial agreement with that of the appellant.1
Accordingly, we reverse.
Background
Apoptosis is said to be “a form of programmed cell death, by which an organism
eliminates extraneous or harmful cells.” Specification, p. 1. It is said to occur “via the
activation of intrinsic cell-suicide programs” which are regulated by both intra- and extra-
cellular signals. Id. Several apoptosis inducer genes, as well as inhibitors of apoptosis
proteins (IAP), have been identified. Id. For example, in Drosophila melanogaster,
three apoptotic activator proteins known as reaper (rpr), head involution defective (hid)
and grim have been characterized. Id.
1 We find that the appellant has submitted two briefs; one on August 4, 2003 and
one on December 15, 2003, each of which has been considered by the examiner. We
refer to the earlier-filed brief as Brief I, and the later-filed brief as Brief II.
3
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