Appeal No. 2006-2575
Application No. 10/025,567
col. 14, line 17; Yokoyama 388, abstract.) Sugita-Konishi6 also produced,
in chicken eggs, antibody capable of inhibiting pathogenic digestive tract
bacteria. (Sugita-Konishi 886.)
Therefore, the Specification and prior art provide the properties and
identities of protein-wasting and colony-forming organisms to which
antibodies can be raised. Given the extent and specificity of the prior art, we
do not agree with the Examiner that the Specification fails to demonstrate
possession of the generic claims.
Rather, when the Specification is properly viewed alongside the
knowledge in the prior art, one of skill would have recognized that
Appellants were in possession of the full scope of the claimed subject
matter. We therefore reverse the written description rejection of claims 1, 3,
5-7, and 12-29.
4. NEW MATTER
Claims 5 and 12 stand rejected under 35 U.S.C. § 112, first paragraph,
as containing new matter. (Answer 9.)
The Examiner urges that the term “‘living being’ in Claims 5 and 12
represents a departure from the Specification and the claims as originally
filed. The passages pointed out by applicant in the amendment filed
10/23/03 do not provide a clear support for the said phrase.” (Id.)
Appellants argue that “[t]he [S]pecification describes the microbial
adherence inhibitor used for food animals and hosts to inhibit adherence of
6 Sugita-Konishi et al., “Immune Functions of Immunoglobulin Y Isolated
from Egg Yolk of Hens Immunized with Various Infectious Bacteria,”
Biosci. Biotech. Biochem., Vol. 60, No. 5, pp. 886-888 (1996).
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