Appeal No. 96-0885
Application 08/108,932
specification, could not have carried out appellant’s claimed
invention without undue experimentation in the absence of that
rod or support.
For the above reasons, we find that the examiner has not
carried his burden of establishing a prima facie case of lack
of an adequate written description or an enabling disclosure.
The rejection under 35 U.S.C. § 112, first paragraph,
therefore is reversed.
Rejections of claims 1, 5, 6, 8, 12, 17 and
19-21 under 35 U.S.C. § 102(b) and
claims 7, 9, 13, 14, 18, 20 and 21
under 35 U.S.C. § 103 over Robinson
Robinson discloses a process wherein apple slices which
may have a hole therein where the apple core has been removed
are heated and dried to distort them such that at least a part
of the perimeter and adjacent area of one side of each slice
and at least part of the perimeter and adjacent area of the
opposite side of the slice are bent at least proximate to one
another (col. 1, lines 30-47; col. 3, lines 7-13). In many
cases, the opposite sides of a slice contact one another
either at the perimeter or the area immediately adjacent to
the perimeter (col. 2, line 66 - col. 3, line 2). The slices
6
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