Appeal No. 2006-0730 Page 2
Application No. 10/164,863
The examiner relies on the following reference1:
Merriam-Webster dictionary, http:www.m-w.com/cgi-bin/dictionary?book=
Dictionary&va=symptom&x=13&y=14.
GROUNDS OF REJECTION
Claims 1-9 and 11-16 stand rejected under 35 U.S.C. § 112, first
paragraph, as lacking adequate written descriptive support.
Claims 1-9 and 11-16 stand rejected under 35 U.S.C. § 112, first
paragraph, on the basis that the specification does not enable those skilled in the
art to practice the full scope of the claimed method without undue
experimentation.
We reverse.
BACKGROUND
According to appellants (Brief, page 5), “the fertility of SR-BI KO females
. . . can be restored in the absence of ovarian and/or extraovarian SR-BI
expression by manipulations that modify the structure, composition and/or
abundance of their abnormal plasma lipoproteins.” Accord, specification, page
28. According to appellants (id.), “[t]hese manipulations included inactivation of
the apolipoprotein A-I gene and administration of the cholesterol-lowering drug
PROBUCOLTM.”
1 It appears that the examiner made a typographical error in not listing the Dictionary in the
“Evidence Relied Upon” section (Section No. 8) of the Answer.
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