Appeal No. 2000-1213
Application No. 08/566,006
suggested the claimed cellular flexible retroreflective sheeting
bonded with ultrasonic welds. One of ordinary skill in the art
would have had a reasonable expectation of successfully bonding the
sheets (films) of a cellular flexible retroreflective sheeting with
ultrasonic welding (conventional thermal bonding technique).
Appellant appears to argue that the applied prior art does not
provide the details as to how to carry out ultrasonic welding and
thus, does not provide a disclosure that would “enable one” to
practice the ultrasonic welding technique in forming a cellular
flexible retroreflective sheeting. See, e.g., Brief, page 4. We
disagree.
Initially, we observe that the inventions disclosed in the
applied prior art references enjoy a statutory presumption of
validity since the applied prior art references are U.S. patents.
35 U.S.C. § 282 (1999); In re Spence, 261 F.2d 244, 246, 120 USPQ
82, 83 (CCPA 1958). The enablement requirement under 35 U.S.C.
§ 112 is a prerequisite to validity. Cf. Spence, 261, F.2d at 246,
120 USPQ at 83. It follows that the ultrasonic welding described
in the applied prior art is presumed enabling absent clear and
convincing evidence to the contrary. However, on this record,
appellant has not provided any evidence to establish that the
applied prior art is not enabling.
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