Appeal No. 96-3923
Application 08/309,790
minimum amount of experimentation is not
fatal * * *. Enablement is the criterion,
and every detail need not be set forth in
the written specification if the skill in
the art is such that the disclosure enables
one to make the invention. [Citations
omitted.]
The determination of what constitutes undue experimentation in
a given case requires the application of a standard of
reasonableness, having due regard for the nature of the
invention and the state of the art. See Ex parte Forman, 230
USPQ 546, 547 (Bd. Pat. App. & Int. 1986).
Here, with respect to the irritants utilized in the
invention, the appellants’ specification on pages 9 and 10
teaches that (1) oleoresins of black and/or red pepper are
dissolved in a liquid carrier such as ethanol or propylene
glycol "at about .01 to .10 weight percent" and (2)
nonvolatile constituents such as capsaicin are dissolved in a
liquid carrier such as ethanol or propylene glycol "at about
.0002 to .005 weight percent" in order to achieve the results
stated in the specification. Page 5 of the specification of
the parent application stated that the object of the invention
was to "simulate the sensation created by tobacco smoke" and a
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007