Appeal No. 2007-0079 Page 14
Application No. 10/159,749
as the starting material, as well as guidance on how to screen for deletion
mutants within the scope of the claimed invention. In this regard, appellants
have provided thirty representative examples of deletion mutations within the
scope of the claimed invention.
In our opinion, the evidence relied upon by the examiner fails to establish
that it would require undue experimentation to practice the full scope of the
claimed invention. Accordingly, we reverse the rejection of claims 1-6 under the
enablement provision of 35 U.S.C. § 112, first paragraph.
REVERSED
)
Toni R. Scheiner )
Administrative Patent Judge )
)
) BOARD OF PATENT
)
Donald E. Adams ) APPEALS AND
Administrative Patent Judge )
) INTERFERENCES
)
)
Eric B. Grimes )
Administrative Patent Judge )
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013