Appeal No. 1996-3536 Page 11
Application No. 08/509,006
inconsistent with the contested statement. Otherwise, there
would be no need for the applicant to go to the trouble and
expense of supporting his presumptively accurate disclosure."
In re Marzocchi, 439 F.2d at 224, 169 USPQ at 370.
Thus, the threshold step in resolving this issue as set
forth supra is to determine whether the examiner has met his
burden of proof by advancing acceptable reasoning inconsistent
with enablement. Clearly, the examiner has not met this
burden. Moreover, it is our opinion that the claims do comply
with the enablement requirement of 35 U.S.C. § 112, first
paragraph.
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