Appeal No. 1999-0086
Application No. 08/612,820
and In re Ghiron, 442 F.2d 985, 992, 169 USPQ 723, 728
(CCPA 1971). However, the burden is initially upon the
Examiner to establish a reasonable basis for questioning the
adequacy of the disclosure. In re Strahilevitz, 668 F.2d
1229, 1232, 212 USPQ 561, 563 (CCPA 1982); In re Angstadt,
537 F.2d 498, 504, 190 USPQ 214, 219 (CCPA 1976); and
In re Armbruster, 512 F.2d 676, 677, 185 USPQ 152, 153
(CCPA 1975).
The Examiner asserts (Answer, pages 3 and 4) a lack of
enabling disclosure with regard to the details of how the
stored historical data impacts the calculations which provide
for the maximum allowable speed for each positioning move. In
addition, the Examiner asserts a lack of details regarding the
implementation of the fuzzy logic module in the context of the
claimed invention.
We have reviewed Appellants’ disclosure which, in our
view, provides a detailed description of the incorporation of
stored historical data in the development of the system
control signals at pages 18-24 of the specification. Further,
the Examiner has provided no evidence to support the assertion
that such incorporation of historical data is so
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