Appeal 2007-1623
Application 09/981,845
Specification defines “active osteopontin peptide” to mean a fragment of
osteopontin (Specification 11: 9-11). The peptide of SEQ ID NO: 11,
however, is not a fragment of OPN because it includes non-OPN sequences.
The Examiner should consider whether the effect of the preamble, read in
light of the Specification, on the scope of the claims is sufficiently definite
to pass muster under 35 U.S.C. § 112, second paragraph.
Also, “[t]he cell” in claim 6 lacks antecedent support in claim 1, from
which claim 6 depends.
SUMMARY
We reverse the rejection under 35 U.S.C. § 112, first paragraph, of
claims 1, 2, 5, and 6, but affirm the rejection of claim 3.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED IN PART
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PATREA L. PABST
PABST PATENT GROUP LLP
400 COLONY SQUARE, SUITE 1200
1201 PEACHTREE STREET
ATLANTA GA 30361
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