Ex parte PUTHOFF - Page 5

          Appeal No. 95-3753                                                          
          Application No. 08/109,983                                                  
               show that the specification does not enable one of                     
               ordinary skill in the art to make and use the                          
               invention.  Appellant respectfully contends that the                   
               disclosed embodiments are clearly shown and one of                     
               ordinary skill would be able to make and use the                       
               invention from the disclosure.                                         
          In summary, appellant argues (Brief, pages 24 and 25) that:                 
               In essence, these rejections question whether the                      
               disclosed structure will work to produce the desired                   
               result.  Basically, the Examiner questions whether it                  
               is possible to produce vector and scalar potentials                    
               without producing an electromagnetic field.  The                       
               Examiner has produced no evidence to show such a result                
               cannot be produced.  Appellant has shown that the prior                
               art Gelinas patents disclose the generation of a curl-                 
               free signal including vector and scalar potentials with                
               a electric field.  Appellant has modified the Gelinas                  
               structure by eliminating the electric field associated                 
               therewith.  The electric field is eliminated by very                   
               conventional structures, such as plates in close                       
               proximity to a coil formed as a solenoid or toroid, and                
               by proper excitation of the plates and coil.  In the                   
               disclosed embodiments, the voltage applied to the                      
               plates and the current applied to the coil are adjusted                
               to eliminate the electric field which was produced in                  
               the prior art Gelinas structure.  Hence, the present                   
               invention works on recognized principles of science and                
               there is no evidence to the contrary . . . Appellant                   
               has clearly shown there is an adequate disclosure in                   
               the specification and drawings to enable one of                        
               ordinary skill to make and use the invention.  The                     
               Examiner has failed to meet the burden of proof                        
               required for rejections under 35 USC 101 or 35 USC 112,                
               paragraph 1.                                                           


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