Appeal No. 2001-1622 Page 7
Application No. 09/226,969
providing support for the limitation of claim 12 that at least
one of the layers has "a plurality of rows of discrete and
spaced apart pockets" therein.
For the reasons set forth above, the decision of the
examiner to reject claims 12 to 14 and 17 under 35 U.S.C. §
112, first paragraph, based on the written description
requirement is reversed.
The enablement rejection
We will not sustain the rejection of claim 14 under
35 U.S.C. § 112, first paragraph.
An analysis of whether the claims under appeal are
supported by an enabling disclosure requires a determination
of whether that disclosure contained sufficient information
regarding the subject matter of the appealed claims as to
enable one skilled in the pertinent art to make and use the
claimed invention. The test for enablement is whether one
skilled in the art could make and use the claimed invention
from the disclosure coupled with information known in the art
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