Appeal 2007-1148
Application 10/078,592
Nor are they specific utilities, because they could be asserted for any
cDNA transcribed from any gene in the human genome. Because nothing
about Appellants’ asserted utilities sets the claimed nucleic acids apart from
any other human cDNA, Appellants have “only disclosed general uses for
[the] claimed [cDNAs], not specific ones that satisfy § 101.” Id. at 1374, 76
USPQ2d at 1232.
SUMMARY
We agree with the Examiner that the Specification does not disclose
any specific and substantial utility for the claimed nucleic acids or the
protein encoded by them. We therefore affirm the rejections under 35
U.S.C. §§ 101 and 112, first paragraph.
AFFIRMED
lbg
LEXICON PHARMACEUTICALS, INC.
8800 TECHNOLOGY FOREST PLACE
THE WOODLANDS TX 77381-1160
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