Appeal No. 97-0840
Application 08/159,405
the claimed invention. In re Wands, 858 F.2d 731, 736-37, 8
USPQ2d 1400, 1404 (Fed. Cir. 1988). Therefore, even assuming
that the examiner’s rejection was based on lack of enablement
under the first paragraph of § 112, the examiner has provided
no reasoning to support the rejection and thus fails to meet
the initial burden of proof.
For the foregoing reasons, the examiner’s rejection of
claims 2 through 9 under the second paragraph of 35 U.S.C. §
112
is reversed.
The decision of the examiner is reversed.
REVERSED
6
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007