Appeal No. 2005-0410
Application No. 09/902,461
normal GAA activity) and adult-onset (10-40% of normal GAA activity) forms of
the disease are characterized by lack of severe cardiac involvement, later age of
onset, and slower progression, but eventual respiratory or limb muscle
involvement results in significant morbidity and mortality for the affected
individuals [specification, para. bridging pp. 1-2].
As indicated by the claims above, the present invention is directed to a method of
treating Pompe disease using the enzyme human acid "-glucosidase (which is
produced in Chinese hamster ovary (CHO) cells), and a pharmaceutical composition
comprising said enzyme.
Discussion
I. Indefiniteness
The examiner argues that the claims are vague and indefinite in the recitation of
“periodically.” Answer, p. 4. According to the examiner, it is not clear what constitutes
the periodic administration of a drug. Id.
We disagree.
Claims are given their broadest reasonable interpretation consistent with the
description of the invention in the specification. In re Zletz, 893 F.2d 319, 321, 13
USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Prater, 415 F.2d 1393, 1404, 162 USPQ
541, 550 (CCPA 1969). In construing the claims, we begin with the words themselves.
To that end, we point out that “the words of a claim are generally given their ordinary
and accustomed meaning unless it appears from the specification or file history that
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