Appeal No. 96-0877
Application 08/123,639
as of the date of the applicant’s application, would have
enabled a person of such skill to make and use the claimed
invention without undue experimentation. In re Strahilevitz,
668 F.2d 1229, 1232, 212 USPQ 561, 563 (CCPA 1982).
In the present case, one of ordinary skill in the art
would have recognized that the vibrations produced by the
vibratory device 13 are transmitted through the valve housing
11 to the leaflet 12 itself. Furthermore, given the
specialized level of skill in this art, one of ordinary skill
in the art would have known how to attach or connect the
vibratory device 13 to the valve housing to impart the desired
vibrations to the leaflet without undue experimentation,
notwithstanding the lack of detail in appellant’s
specification. Accordingly, we cannot sustain the rejection of
claims 1 through 9 based on the enablement requirement in the
first paragraph of § 112.
With regard to the rejection of claims 2, 3 and 9 under
the second paragraph of § 112, appellant does not contend that
the examiner erred in holding that these claims are
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