The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ALESSANDRA D’AZZO and ERIK JACOBUS BONTEN
__________
Appeal No. 2005-2739
Application No. 09/966,893
__________
ON BRIEF
__________
Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a pharmaceutical composition comprising a protein
useful for treating a lysosomal storage disorder, other than Fabry disease, wherein the
protein has been produced in an insect cell culture. The examiner has rejected the claims
as lacking enablement, as lacking adequate written descriptive support, and as
anticipated by the prior art. We have jurisdiction under 35 U.S.C. § 134.
Background
“Lysosomal storage disorders (LSDs) are a group of genetically inherited
disorders . . . characterized by a deficiency of one or more specific lysosomal enzymes
which causes an accumulation of undigested material (macromolecules) inside the
lysosome. This accumulation causes lysosomes to enlarge, leading eventually to cell
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