Ex parte JOHN M. BEHAN et al. - Page 3

          Appeal No. 95-2136                                                          
          Application 07/980,156                                                      

               Upon careful consideration of the opposing arguments                   
          presented on appeal, we concur with appellants that the                     
          examiner’s rejection is without merit.  Accordingly, we will not            
          sustain the examiner’s rejection for essentially those reasons              
          expressed by appellants in their Brief.                                     
               The examiner provides the following reasoning as the basis             
          for his rejection at page 4 of the Answer:                                  
               It is pointed out that the instant claims are                          
               directed of [sic, to] perfumes and flavors without                     
               qualification, and the instant specification does not                  
               enable that which is claimed by adequately disclosing                  
               the actual scope by way of specific examples or                        
               established principle.  As set forth above and as set                  
               forth in the first office action, any and all perfumes                 
               and flavors are not enabled such as coffee flavors, tea                
               flavors, vanilla flavors, vanillin, and so forth.                      
               As maintained by appellants, it is well settled that the               
          examiner has the initial burden of establishing lack of                     
          enablement by compelling reasoning or objective evidence.  In re            
          Strahilevitz, 668 F.2d 1229, 1232, 212 USPQ 561, 563 (CCPA 1982);           
          In re Armbruster, 512 F.2d 676, 677-78, 185 USPQ 152, 153 (CCPA             
          1975).  In the present case, the examiner has summarily                     
          concluded, without the requisite factual support, that not all              


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