Appeal No. 2005-1593
Application No. 10/054,647
Appellants have asserted a characteristic of the isolated polypeptide and its
variants is its ability to bind to an anti-Ehrlichia antibody. Appellants have the burden to
show that the introduction of additional components would materially change the
characteristics of their invention or whether such components are excluded from their
claims. In re De Lajarte, 337 F.2d 870, 143 USPQ 256 (CCPA 1964). Appellants have
not met this burden. Appellants have not shown that whole Ehrlichia proteins
encompassed by the claim scope do not have the ability to bind to an anti-Ehrlichia
antibody, a characteristic of the sequence and sequence variants appellants have
claimed. Appellants have not recited a specific sensitivity and/or specificity for the
polypeptide of SEQ ID NO:1 in the claims to distinguish the claimed sequence from
whole Erhlichia proteins.
We decline to import limitations from the specification that are not part of the
claim into the claims before us, as requested by appellants. The Request for
Reconsideration is denied.
CONCLUSION
Therefore, the request for reconsideration is denied.
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