Ex parte DEUTSCH, et al. - Page 8




          Appeal No. 95-2111                                                          
          Application 07/771,173                                                      

          It is thus apparent that the examiner’s concerns are directed               
          to the enablement rather than the description requirement of                
          the first paragraph of 35 U.S.C. § 112.                                     
                    Appellant’s disclosure states on page 7 that the                  
          optical fiber end 12 has a silvered end surface so that                     
          virtually no laser radiation leaves the tip portion apically.               
          In addition, appellant’s disclosure discusses on pages 6-8                  
          various ways to form an “annular pattern” such as by forming                
          conical indentations on the tip portion, forming the tip                    
          portion with a bulbous region having a convex rounded external              
          surface, doping the tip portion, and forming etch markings on               
          the tip portion.  In our view, these discussions are                        
          sufficient to teach the artisan how to prevent the laser beam               
          from burning away the root of the tooth canal, and how to form              
          an “annular pattern.”                                                       
                    The examiner also contends that the specification is              
          nonenabling because the specific energy density and                         
          application time of the laser beam is not disclosed.  In our                
          view, the Vassiliadis reference cited by the examiner against               
          the claims demonstrates (see, for example, column 5, lines 7-               
          16) that those of ordinary skill in the art at the time of the              

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