Appeal No. 1996-3162
Application 08/227,897
We also conclude that, with claim 1 given the
foregoing interpretation, as we believe it must be, the
disclosure of the application as filed meets the enablement
requirement of the first paragraph of § 112. As noted above,
appellants disclose, inter alia, that the recirculation in
primary oxidation chamber 400 is facilitated by the
hemispherical shape of the chamber dome 404, and is enhanced
by using vertical flutes 413. We see no reason why this
disclosure would not enable one of ordinary skill to practice
the claimed "establishing a gaseous effluent flow path" step
of the method of claim 1 without undue experimentation. Cf.
National Recovery Techs. Inc. v. Magnetic Separation Sys.
Inc., 166 F.3d 1190, 1196, 49 USPQ2d 1671, 1676 (Fed. Cir.
1999).
Part (i) of rejection (1) therefore will not be
sustained.
Rejection (2)
On pages 4 and 5 of the examiner's answer, the basis
of this rejection as to claim 1 is stated as:
Boutillier discloses a bottom feed gas
producer for feeding solid feed upwardly
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