Saturday, June 16, 2007

Biotechnology Art Group Discusses Enablement of Antibody Claims

Biotech News
Biotechnology Art Group Discusses Enablement of Antibody Claims
Arizona High Tech Talent Partnership

biotechnology, chemical, and pharmaceuticals technology groups at the U.S. Patent Office held their quarterly customer partnership meeting on June 13, 2007. While the stated purpose of the meeting was merely to encourage dialog between practitioners, patent applicants, and the Office (i.e., not to announce PTO policy), the discussions did provide a helpful insight as to how these Art Units approach certain issues.

One discussion focused on enablement issues under 35 U.S.C. § 112 as applied to the examination of claims relating to antibodies. Larry R. Helms, Supervisory Patent Examiner for Art Unit 1643 presented a discussion of common enablement issues that Examiners encounter during examination of antibody inventions. After providing some general background discussion on antibody technology, Mr. Helms presented examples of three types of antibody claims and typical reasoning as to why each claim was enabled or not enabled, given particular disclosure in the specification, and the state of the prior art (typically referenced to around the late 80's to early 90's).

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