Appeal No. 97-3918
Application 08/447,901
re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir.
1988).
Appellants' specification explains that the time
intervals T1 and T2 can be determined by "counting the actual
time by using a CPU provided in the R/W [Read/Write] IC . . ."
(Spec. at 19:12-14). The examiner has not alleged that, let
alone explained why, one skilled in the art would have
required undue experimentation to generate the timing signals
T1 and T2 in this manner. We are therefore reversing the §
112 rejection of claim 2 and also the rejection of claim 9,
which was rejected under § 112 simply because of its
dependence on claim 2.
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