Appeal No. 96-0309
Application 08/135,370
lines 10-14, before amendment): "Thus, all information to be
transmitted, consisting of, for example the interleaved coded
information (i.e. the useful information is interleaved in
time after the addition of an error correction code), is
divided into slots which are referred to herein as replicas,
said replicas undergoing the time multiplexing operation so
that the use of excessively deep time interleaving is
avoided." Appellants further argue that known considerations
to those of ordinary skill in the art would dictate the
allocation between the subscriber device and the interface
(Br8). We agree. The question is whether one of ordinary
skill in the art would have known where to locate the various
means in a system with a multiplexer. Since the various
encoding/decoding and interleaving/deinterleaving means are
well known in a transmission system with multiplexer, we think
the presumption is in heavily in favor of enablement. The
examiner's position that the specification is not enabling
because the locations are not expressly disclosed is not
persuasive because it fails to address what was known to those
of ordinary skill in the art. Cf. In re Paulsen,
30 F.3d 1475, 1480, 31 USPQ2d 1671, 1675 (Fed. Cir. 1994)
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