Ex parte JAMES ZAGUROLI, JR. - Page 7




          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.                                                     


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007