Ex parte GERHARD JAEHNE
Appeal 2008-4548
Application 10/463,789
Technology Center 1600
BPAI
__________
Decided:1 February 2, 2009
This case had claims to a pharmaceutical composition and a method of using. The Examiner rejected the claims for lack of written description and not being enabled. The BPAI reversed the enablement rejection because the Examiner only found that the claim was broad but did not find that any of the other Wands factors tended toward a showing of lack of enablement. The written description was satisfied because although there was no ipsis verbis support one of skill in the art would have recognized possession because the term that was being used was inherently needed for the composition to even exist. "The Specification "provides adequate direction which reasonably leads persons skilled in the art to the later claimed compound."
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