Appeal No. 95-0868
Application 07/987,552
Figure 2 shows that receivers 10 and 10 having threshold levels V and V , respectively,2 3 2 3
accurately detect the digital data. This is described in the specification at the paragraph bridging pages 5-6.
However, the specification does not describe any circuitry or programming that would permit one skilled
in the art to detect which receivers are accurately detecting the data. To the best of our knowledge, and
from a review of the prior art cited in the record, an element to accurately detect data from multiple
receivers each with a different threshold level is not conventional in the art. Since the element to accurately
detect data is integral to the practice of the invention and neither the application nor the prior art describe
its structure, we have reason to doubt that the claimed invention could be carried out based on the
disclosure. See Id. It is not enough that a person skilled in the art, by carrying on investigations along the
line indicated in the subject application, and by a great amount of work eventually might find out how to
make and use the instant invention. The statute requires the application itself to inform, not to direct others
to find out for themselves. Cf. In re Gardner, 427 F.2d 786, 789, 166 USPQ 138, 141 (CCPA 1970)
("the law requires that the disclosure in the application shall inform [those skilled in the art] how to use, not
how to find out how to use for themselves").
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