Appeal No. 96-4149
Application 08/276,436
reasonable degree of certainty whether a device that meets the
structural and step requirements of the appealed claims also
meets the broadly worded functional statements of the claims , 5
so as to determine if, in fact, the device in question is or
is not covered by the claims.
Claims 1 to 7 are also rejected under 35 U.S.C. § 112,
first paragraph, as being based on a disclosure that fails to
comply with the enablement requirement of the first paragraph
of the statute.
The test regarding enablement is whether the disclosure,
as filed, is sufficiently complete to enable one of ordinary
skill in the art to make and use the claimed invention without
undue experimentation. See In re Moore, 439 F.2d at 1236, 169
5These include: fastening a first bracket to a structure
"in such a manner that the bracket can undergo slight,
controlled, movement with relation to the structure under
conditions of stress to the structure" as set forth in method
claim 1, and the similar language in method claim 7; a first
bracket "fastened to the structure in such manner that the
structure may move a controlled amount with relation to the
position of the bracket in a limited, and repeated manner" as
set forth in apparatus claim 4; and holes in a first bracket
that are "enlarged with respect to the size of the bolts so
that limited movement of the first bracket with respect to the
structure may be accomplished" as set forth in apparatus claim
6.
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