Appeal No. 2007-0079 Page 2
Application No. 10/159,749
measuring a resultant reduction of said morphogen-dependent
bone formation.
The references relied upon by the examiner are:
Tischer et al. (Tischer) 5,194,596 Mar. 16, 1993
Kopchick et al. (Kopchick) 5,350,836 Sep. 27, 1994
Harland et al. (Harland) 6,432,410 Aug. 13, 2002
Vukicevic et al. (Vukicevic), “Induction of nephrogenic mesenchyme by
osteogenic protein 1 (bone morphogenetic protein 7),” Proc. Natl. Acad. Sci.
USA, Vol. 93, pp. 9021-9026 (1996)
Skolnick et al. (Skolnick), “From genes to protein structure and function: novel
applications of computational approaches in the genomic era,” Trends in Biotech,
Vol. 18, No. 1, pp. 34-39 (2000)
GROUNDS OF REJECTION
Claims 1-6 stand rejected under 35 U.S.C. § 112, first paragraph, as
lacking adequate written descriptive support.
Claims 1-6 stand rejected under 35 U.S.C. § 112, first paragraph, as
containing new matter which is not supported by the disclosure.
Claims 1-6 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.
DISCUSSION
Written Description:
The examiner begins by directing attention to United States Patent No.
6,432,410 (Harland) to which the present application is a continuation. Answer,
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