Appeal No. 1999-1773
Application No. 08/497,858
declaration filed on behalf of appellants. The declarant sets forth the high level of
knowledge and skill of persons working in this art, and the examiner has given no reasons
why the statements of the declaration should be doubted or considered as untrue.
In summary, we have considered the examiner’s rejection under both the written
description requirement and the enablement requirement of 35 U.S.C. § 112. We have
found that the claimed invention clearly has written description support in the original
application. We have also found that the examiner has failed to establish that it would
require undue experimentation to make and use the claimed invention. Accordingly, the
decision of the examiner rejecting claims 2-4, 6 and 8-10 under 35 U.S.C. § 112 is
reversed.
REVERSED
. JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JOSEPH F. RUGGIERO ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
LANCE LEONARD BARRY )
Administrative Patent Judge )
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