Appeal No. 93-4191
Application 07/831,627
the specification fails to satisfy the requirements of 35 USC
§ 112, first paragraph, he has the initial burden of providing
a reason based on technical reasoning and/or objective
evidence as to why one skilled in the art would not have been
able to make and use the claimed invention without undue
experimentation. In re Goodman, 11 F.3d 1046, 1050, 29 USPQ2d
2010, 2013 (Fed. Cir. 1993); In re Wands, 858 F.2d 731, 737, 8
USPQ 2d 1400, 1404 (Fed. Cir. 1988); In re Marzocchi, 439 F.2d
220, 223, 169 USPQ 367, 369 (CCPA 1971).
The decision of the examiner is reversed.
REVERSED
William F. Smith )
Administrative Patent Judge )
)
)
)
Joan Ellis ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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