Appeal No. 95-1599
Application 08/062,492
disclosure. See In re Moore, 439 F.2d 1232, 1235, 169 USPQ 236,
238 (CCPA 1971). The rejection of claims 8 through 13 and
19 through 32 under the second paragraph of 35 U.S.C. § 112 is
reversed.
Turning next to the lack of enablement rejection, we agree
with the examiner that the change management system is a “complex
system” implemented with “abstract machines” (Answer, page 6).
We do not, however, agree with the examiner’s statement that “the
instant disclosure has no description of . . . programs or
software modules” (Answer, page 6). Appellants disclose
(specification, page 7) that the change management system is
implemented in Common Lisp and in C++. In view of the disclosure
of the programming languages, and the detailed instruction sets
(specification, pages 19 through 22) for the version abstract
machine and the configuration abstract machine, we are of the
opinion that a skilled data structures programmer could arrive2
at the “programs or software modules” (Answer, page 6) for the
disclosed and claimed invention without undue experimentation.
As indicated in Genentech Inc. v. Novo Nordisk A/S , 108 F.3d
1361, 1365, 42 USPQ 1001, 1004 (Fed. Cir.), cert. denied, 118
A data structures programming course teaches graphing a tree with2
nodes.
6
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