Appeal 2006-2644
Application 10/047,945
more than the LT-10 embodiment encompassed by the claims, we do not
rely on the lack of evidence pertaining to peptides having less than ten
amino acids.
SUMMARY
We modify the previous opinion by (1) withdrawing our reliance on
the second full paragraph on page 6, and (2) acknowledging that footnote 2
is in error (and considering Fig. 1). Notwithstanding those modifications,
however, we conclude that the instant claims are not enabled by the
Specification’s disclosure because the evidence of record does not show that
administration of LT-10 reduces the level of IgE (as opposed to masking it
from anti-IgE binding) or that the measured saliva levels of IgE correspond
to the “serum IgE” levels recited in the claims.
REHEARING DENIED
dm
John R. Casperson
PO Box 2174
Friendswood TX 77549
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