Appeal No. 2000-2115
Application No. 08/633,564
paragraph of 35 U.S.C. § 112 requires, inter alia, that the
specification of a patent enable any person skilled in the art
to which it pertains to make and use the claimed invention.
Although the statute does not say so, enablement requires that
the specification teach those in the relevant art to make and
use the invention without "undue experimentation." In re
Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir.
1988). That some experimentation may be required is not
fatal; the issue is whether the amount of experimentation
required is "undue." Id. at 736-37, 8 USPQ2d at 1404.
In this particular instance, after considering
appellant's disclosure as a whole and reviewing the claims in
light of the specification (In re Sneed, 710 F.2d 1544, 2548,
218 USPQ 385, 388 (Fed. Cir. 1983)), we find that the
specification would permit one skilled in the art to make and
use appellant's claimed subject matter without undue
experimentation. More particularly, without commenting on the
embodiment of the invention seen in Figure 1 of the drawings
and the driving torque detecting circuit (15) seen therein, we
note that on page 7 of the specification appellant has
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