Ex Parte BREITNER et al - Page 8

                    Appeal No. 2003-0865                                                                    Page 8                       
                    Application No. 09/300,789                                                                                           

                    Therefore, she has not carried the initial burden of showing nonenablement.  The                                     
                    rejection under 35 U.S.C. § 112, first paragraph, is reversed.                                                       
                                                              Summary                                                                    
                            The examiner has not shown that the claimed method was inoperative, or                                       
                    that the method of claim 23 would have required undue experimentation to                                             
                    practice.  We therefore reverse the rejections under 35 U.S.C. §§ 101 and 112,                                       
                    first paragraph.                                                                                                     


                                                             REVERSED                                                                    




                                            WILLIAM F. SMITH                        )                                                    
                                            Administrative Patent Judge             )                                                    
                                                                                    )                                                    
                                                                                    )                                                    
                                                                                    ) BOARD OF PATENT                                    
                                            TONI R. SCHEINER                        )                                                    
                                            Administrative Patent Judge             )   APPEALS AND                                      
                                                                                    )                                                    
                                                                                    ) INTERFERENCES                                      
                                                                                    )                                                    
                                            ERIC GRIMES                            )                                                    
                                            Administrative Patent Judge             )                                                    


                    EG/vsh                                                                                                               










Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November  3, 2007