Appeal No. 2005-0215
Application No. 09/666,301
charge well must be selectively switched into parallel with the
first charge well at whatever rate is needed to avoid saturation
of the first charge well. More importantly, the examiner has not
set forth any reason why the skilled artisan would not have known
how to monitor the fill rate of the first charge well to avoid
such a saturation condition.
In summary, we find that the burden of coming forward with
evidence never shifted to the appellant since the examiner has
not set forth a reasonable basis for questioning either the
written description support or the enablement of the claimed
invention.
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