Ex parte LANGLEY et al. - Page 3




          Appeal No. 1995-3522                                                        
          Application No. 07/912,973                                                  


          determining an off-line measured yield value of said harvested              
          blood components;                                                           
               fifth means for generating said determined yield, said                 
          fifth means utilizing at least in part an application of said               
          first calibration factor to said predicted yield value; and                 
               sixth means for packaging said harvested blood components              
          and associating said determined yield therewith to provide                  
          said blood component product.                                               



                                      REJECTION                                       
               Claims 13-15 stand rejected under 35 U.S.C. § 112, first               
          paragraph, on the ground that the specification is non-                     
          enabling.                                                                   


                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with the                  
          appellants that the aforementioned rejection is not well                    
          founded.  In our view, the examiner has failed to carry his                 
          initial burden of establishing a prima facie case of non-                   
          enablement based on the present record.  Accordingly, the                   
          above-noted rejection cannot be sustained.                                  


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