Ex Parte Honda - Page 5

                Appeal 2007-1459                                                                             
                Application 10/204,413                                                                       
                larger than 0.25, a gear ratio within the range of 2.5 to 5 or a helical angle               
                within the range of 35 degrees to 70 degrees.                                                
                      Wildhaber discloses a hypoid gear having two gears each with tooth                     
                surfaces that are circular (Wildhaber 5:86-98).  Wildhaber does not disclose                 
                a hypoid gear with a tooth surface that is an involute helicoid.                             

                                               DISCUSSION                                                    
                      Enablement                                                                             
                At the outset, we note that an analysis of whether claim 11 under                            
                appeal is supported by an enabling disclosure requires a determination of                    
                whether that disclosure contained sufficient information regarding the                       
                subject matter of the appealed claims as to enable one skilled in the pertinent              
                art to make and use the claimed invention.  The test for enablement is                       
                whether one skilled in the art could make and use the claimed invention                      
                from the disclosure coupled with information known in the art without                        
                undue experimentation.  See United States v. Telectronics, Inc., 857 F.2d                    
                778, 785, 8 USPQ2d 1217, 1223 (Fed. Cir. 1988), cert. denied, 490 U.S.                       
                1046 (1989); In re Stephens, 529 F.2d 1343, 1345, 188 USPQ 659, 661                          
                (CCPA 1976).                                                                                 
                      In order to make a rejection, the examiner has the initial burden to                   
                establish a reasonable basis to question the enablement provided for the                     
                claimed invention.  See In re Wright, 999 F.2d 1557, 1561-62, 27 USPQ2d                      
                1510, 1513 (Fed. Cir. 1993) (examiner must provide a reasonable                              
                explanation as to why the scope of protection provided by a claim is not                     
                adequately enabled by the disclosure).  A disclosure which contains a                        
                teaching of the manner and process of making and using an invention in                       

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