Ex parte ERSKINE et al. - Page 3




          Appeal No. 96-0550                                                          
          Application 07/960,148                                                      

           112, first paragraph as being based on a specification which is           
          objected to for "failing to provide an enabling disclosure."                
          Claims 10, 29 and 33 stand rejected under 35 U.S.C.  103 as                
          being unpatentable over Ott in view of Iino and Lasher.2                    
                    All the claims stand or fall together (Brief at page              
          7).                                                                         
                    Rather than reiterate the entire arguments of the                 
          appellants and the examiner in support of their respective                  
          positions, reference is made to appellants' brief (Paper No. 19),           
          reply brief (Paper No. 22), supplement to appellants' brief                 
          (Paper No. 25), the examiners answer (Paper No. 20), and                    
          supplemental examiner's answer (Paper Nos. 23 and 26) for the               
          full exposition thereof.                                                    
                                       OPINION                                        
                    Turning first to the rejection under 35 U.S.C.  112,             
          first paragraph, we initially note that it is well settled that             
          the examiner has the initial burden of producing reasons that               
          would substantiate a rejection based on lack of enablement.  See,           
          In re Wright, 999 F.2d 1557, 1561, 27 USPQ2d 1510, 1513 (Fed.               
          Cir. 1993); In re Strahilevitz, 668 F.2d 1229, 1232, 212 USPQ               


            The examiner relies on Gross for teaching that the double2                                                                      
          image problem is a long well recognized problem.                            

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