Appeal No. 95-4485
Application 08/097,589
1978); In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96
(CCPA 1976). It is
not necessary that the application describe the presently-
claimed invention exactly, but only sufficiently clearly that
one of ordinary skill in the art would recognize from the
disclosure that appellants invented it. See Edwards, 568 F.2d
at 1351-2, 196 USPQ at 467; Wertheim, 541 F.2d at 262, 191
USPQ at 96. "[T]he PTO has the initial burden of presenting
evidence or reasons why persons skilled in the art would not
recognize in the disclosure a description of the invention
defined by the claims." Wertheim, 541 F.2d at 263, 191 USPQ
at 97.
The examiner argues that "there is no support for
shearing in a manner within a certain temperature range and
ingredient ratio such that an oil-in-water emulsion is not
formed" (answer, page 4).
As stated above, appellants’ specification provides
typical and preferred oil:yolk:water ratios, discloses that if
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