Appeal No. 1996-1513 Page 6
Application No. 08/241,555
§ 112. In re Marzocchi, 439 F.2d 220, 223, 169 USPQ 367, 369
(CCPA 1971). Based upon the above consideration, the examiner
has not met his burden of showing lack of enablement.
Accordingly, the rejection under the first paragraph of 35
U.S.C. § 112 is reversed.
Other Matters
Prior to any further action in the instant application,
the examiner should consider whether further prosecution would
be warranted by the disclosure in the last sentence of the
Hwang reference. Hwang discloses therein that borneol was
evaluated as a repellent against A. aegypti (King 1954). The
disclosure is referenced by a citation to “King, W. V. 1954.
Chemical Evaluated as Insecticides and Repellents. USDA
Handbook, Orlando, Florida.”
DECISION
The rejection of claims 22 through 23 and 25 through 29
under 35 U.S.C. § 112, first paragraph, as failing to
adequately teach how to make and/or use the invention, i.e.
failing to provide an enabling disclosure is reversed
The decision of the examiner is reversed.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007