Ex Parte Daluge et al - Page 10

                  Appeal No. 2005-0838                                                                                                                    
                  Application No. 10/174,414                                                                                                              


                  Antibodies, Inc., 802 F.2d 1367, 1376, 231 USPQ 81, 87 (Fed. Cir. 1986).  It matters not                                                
                  when the appellants conceived of the invention, the issue here is whether the teachings                                                 
                  of the specification would have enabled one skilled in the art to make and use said                                                     
                  invention as required by 35 U.S.C. § 112, first paragraph.                                                                              
                           In view of the foregoing, Rejections I and II are affirmed.                                                                    







                                    JOAN ELLIS                                            )                                                               
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                                    DEMETRA J. MILLS                                      )        APPEALS AND                                            
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                                    ERIC GRIMES                                           )                                                               
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                  JE/dpv                                                                                                                                  

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