Appeal No. 2005-0102 Page 13
Application No. 09/840,787
Summary
The specification does not disclose a specific and substantial utility for the
claimed polynucleotides. The post-filing evidence presented in the Lal declaration
cannot be relied on because the specification does not adequately describe the utility to
which the Lal declaration is directed. We therefore affirm the rejection of claim 2 under
35 U.S.C. §§ 101 and 112, first paragraph.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Eric Grimes )
Administrative Patent Judge )
EG/jlb
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