Appeal No. 2003-0890 Page 9
Application No. 09/706,683
Cliffe are United States patents and as such, are presumed to be valid. 35 U.S.C. §
282. Thus, the two patents are presumed to be enabling of the claimed subject matter.
Clearly appellants' unsupported assertion that the applied prior art is not enabling is
insufficient.
To summarize, the examiner's rejection of claims 1, 2, 16, and 27 through 30
under 35 U.S.C. § 112, first paragraph (enablement), is reversed, and the examiner's
rejection of claims 1 through 3 under 35 U.S.C. § 103(a) is affirmed.
The decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in connection with this appeal
may be extended under 37 CFR § 1.136(a).
AFFIRMED-IN-PART
)
Sherman D. Winters )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
William F. Smith )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
Donald E. Adams )
Administrative Patent Judge )
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007