Appeal No. 97-1224
Application 08/445,866
The appellants’ argument which we find to be dispositive of
the issue of enablement is that providing structures for
accomplishing these tasks would have been within the skill of the
artisan, without undue experimentation, and therefore the
enablement rejection is not well taken. The appellants have
provided evidence in support of this position in the form of
several patents.
It is well established case law that the test regarding the
enablement requirement of 35 U.S.C. § 112, first paragraph, is
whether the disclosure, as filed, is sufficiently complete as to
enable one of ordinary skill in the art to make and use the
claimed invention without undue experimentation. See Atlas
Powder Co. v. E.I. du Pont de Nemours & Co., 750 F.2d 1569, 1576,
224 USPQ 409, 413 (Fed. Cir. 1984). In the present case, we
appreciate the examiner’s discomfiture over the lack of infor-
mation and illustration regarding the two features to which
objection was taken. However, we share the appellants’ opinion
that the level of skill in this art is such that one of ordinary
skill in the art would have been able, without undue experi-
mentation, to fashion mechanisms which would permit the blade
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007