Appeal No. 95-0798
Application 08/042,200
in the claimed process. In the absence of such reasons or evidence, appellant’s disclosure must be
taken as being in compliance with the enablement requirement of the first paragraph of 35 U.S.C. §
112. The burden is on the examiner to establish an adequate basis to question the adequacy of
appellant*s disclosure. In re Marzocchi, 435 F.2d at 223-224, 169 USPQ at 370. On this record,
the examiner has not met his burden.
For the foregoing reasons, we will not sustain the rejection. Accordingly, the examiner’s
decision rejecting claims 1-11 under 35 U.S.C. § 112, first paragraph, is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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)
) BOARD OF PATENT
BRADLEY R. GARRIS ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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)
CAMERON WEIFFENBACH )
Administrative Patent Judge )
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