Appeal No. 96-2192
Application 08/306,856
with respect to a blocking element in the three embodiments
disclosed, with emphasis on the Figure 3 embodiment. The
reasoning in the answer repeatedly asks in different contexts
basic “how” questions.
Generally speaking, “[t]he test of enablement is whether
one reasonably skilled in the art could make or [sic and] use
the invention from the disclosures in the patent coupled with
information known in the art without undue experimentation.”
United States v. Telectronics, Inc., 857 F.2d 778, 785, 8
USPQ2d 1217, 1223 (Fed. Cir. 1988), citing Hybritech, Inc. v.
Monoclonal Antibodies, Inc., 802 F.2d 1367, 1384, 231 USPQ 81,
94 (Fed. Cir. 1986).
The following portions of the written description portion
of the specification as filed relate to a surgical device or
instrument: page 2, lines 10 through 24; page 3, line 28
through page 4, line 9; Figure 1, embodiment 1, page 7, line
26 through page 8, line 8; Figure 2, the second embodiment,
page 9, line 29 through page 10, line 8; and Figure 3f, part
of the third
8
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