Appeal No. 95-2788
Application 08/038,430
cartridge. In the absence of an upper
limit, the composition includes values
approaching and including 100%.
Accordingly, the specification is non-
enabling as to a data storage cartridge
having a composition of PTFE or carbon
fiber as large as that encompassed by
the limitations "at least 15%" and "at
least 30%".
We presume that the rejection directed to "at least
15%" and "at least 30%" still stands, even though the examiner
says nothing about appellants' arguments directed thereto, since
the examiner states, at page 3 of the answer, that the rejection
"is set forth in the prior Office action paper number 11,
paragraph nos. 2 and 3."
We will not sustain the rejection of claims 21 through
39 under the first paragraph of 35 U.S.C. 112 because it is our
view that the examiner has not established a reasonable basis for
challenging the sufficiency of the instant disclosure.
We point to appellants' arguments at pages 9-13 of the
brief and adopt such as our own in reversing the rejection before
us. In addition, we make the following amplifying comments.
The examiner does not question that there are disclosed
and enabling embodiments for the claimed ranges. The examiner's
problem appears to stem from the fact that the examiner can
envision values within the claimed ranges which probably could
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