Appeal No. 97-0598
Application 08/322,670
opportunity to amend the claims around them would be unfair.
Therefore, we
consider the rejection as it was presented in the final
rejection, i.e., without the benefit of any newly offered
evidence.
We have studied the arguments offered by the Examiner in
support of the enablement rejection and conclude that the
Examiner has not met the burden of establishing a prima facie
case. Appellants have disclosed, figure 4 and pages 4 to 6,
the process of manufacture of the claimed charge transfer
plate having the spacing and the pin diameter of as low as 20
nanometers, resulting in a density of 10 billion pins per
square centimeter of plate area. Incidently, we note here
that a U. S. Patent, 5,421,396, has been granted on the
process itself covered by the parent application of this
application. The process disclosed is presumed to be valid
unless there is factual evidence which puts its validity in
question. Here, the Examiner has not offered any objective
and factual evidence to test the validity of the process of
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007