Appeal 2007-1032
Application 10/062,920
We are not persuaded by these arguments. The Specification clearly
contemplates using the 28 kDa proteins to generate antibodies (Specification
25-27). Moreover, as discussed supra, “limitations are not to be read into
the claims from the specification.” In re Van Geuns, 988 F.2d at 1184, 26
USPQ2d at 1059.
Claim 17 does not state that the immune response induced by
administering the protein must prevent or inhibit infection by E. canis.
Claim 17 is therefore not limited to inducing an immune response that
inhibits E. canis infection, despite the Specification’s disclosure that doing
so would be desirable. We agree with Appellants that the Examiner has not
shown that undue experimentation would be required to induce an immune
response to the claimed proteins based on the disclosures in the Specification
and knowledge in the art. We therefore reverse the rejection for
nonenablement.
REVERSED
dm
David L. Parker
FULBRIGHT & JAWORSKI L.L.P.
600 Congress Avenue
Suite 2400
Austin TX 78701
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