Appeal No. 97-0750
Application 08/329,219
circles seen in Figure 1 of the application drawings) so as to
permit the load platform (12) to be moved up and down with
respect to the base (16), as is repeatedly indicated in the
originally-filed specification and claims to be the desired
operation of the lift table.
Based on the foregoing, we consider that appellant's
disclosure, as filed, is sufficiently complete to enable one of
ordinary skill in the art to make and use the claimed invention
without undue experimentation. See In re Moore, 439 F.2d 1232,
1235, 169 USPQ 236, 238 (CCPA 1971). See also In re Scarborough,
500 F.2d 560, 566, 182 USPQ 298, 303 (CCPA 1974). Thus, the
enablement requirement in the first paragraph of 35 U.S.C. § 112
is met and we will therefore not sustain the examiner's rejection
of appealed claim 6 under 35 U.S.C. § 112, first paragraph.
As is apparent from our comments above, the decision of
the examiner rejecting appealed claims 1, 2 and 6 through 8 under
35 U.S.C. § 103 and claim 6 under 35 U.S.C. § 112, first
paragraph, is reversed.
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