Appeal 2007-0852
Application 09/919,195
and most preferably at least 100 times greater than the KD for the binding of the
same ligand to an RXR receptor. (Specification 5.)
The term "antagonist" is defined in the Specification to mean a retinoid
receptor ligand that will inhibit the activation of transcription by the retinoid
receptor at a gene having an appropriate retinoid receptor response element in the
presence of an agonist of the retinoid receptor. (Specification 6.).
The term "agonist" means a retinoid receptor ligand that will cause the
activation of transcription at a gene having an appropriate retinoid receptor
response element. Id.
Written Description
1. Claims 13-28 are rejected under 35 U.S.C. § 112, first paragraph, as
containing subject matter which was not described in the Specification in such a
way as to reasonably convey to one skilled in the relevant art that the inventor(s),
at the time the application was filed, had possession of the claimed invention. We
select claim 13 as representative of the rejection before us.
The Examiner contends the claims lack written description because the
"scope of the claims is unknown due to the structure limitations not being
specifically disclosed." (Answer 4.)
Appellants acknowledge there is no structural limitation for the
compounds that can be used in the method in the claims, but contend that the
"description of the required biological [and] pharmaceutical properties is
sufficient as an enabling disclosure. (Br. 7.)
Appellants particularly argue that the Specification on page 5, line 25,
through page 6, line 6 describes assays by which the specific RAR
modulating activity of a compound can be routinely determined. (Br. 10-
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