Appeal No. 1996-2308
Application 08/179,008
the hydroxyamide can be cyclized by the one-step (ii) process
discussed above. The examiner has provided no evidence or
reasoning which shows that
appellants’ assertion is incorrect, i.e., which shows that
given appellants’ specification, one of ordinary skill in the
art could not have carried out appellants’ one-step (ii)
process without undue experimentation. Thus, the burden has
not shifted to appellants to provide proof that the
specification is enabling.
Accordingly, we do not sustain the rejection under 35
U.S.C. § 112, first paragraph.
DECISION
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