Trilateral Project 24.1-Biotechnology 063

If applicant's explanation or data are based upon the information presented in the specification (e.g., based on the formulations disclosed on page 6 of the specification, applicant proves by date in his declaration or affidavit that peptide X reduces or eliminates infection), then such data should be considered in evaluating the rejection. Relevant documents published after the filing date cannot be relied upon to supplement the disclosure or provide enablement; however, they may be relied upon in appropriate cases as evidence that the embodiments presented in the specification do in fact possess utility; e.g., if the published article uses the drug disclosed in the specification in the manner disclosed in the specification and reports a significant improvement in the patient's disease condition, such article may be considered as evidence of enablement of how to use the claimed invention.