Appeal 97-1458
Application 08/329,940
The appeal is from a decision of the Primary Examiner
rejecting claims 1-20. We reverse-in-part and vacate and
remand-in-part.
A. Findings of fact
The record supports the following findings by a
preponderance of the evidence.
The examiner's rejections
1. The examiner has maintained the following
rejections in the Examiner's Answer (Paper 13):
a. Claims 1-20, all the claims, have been
rejected under the first paragraph of 35 U.S.C. § 112, as
being based on a non-enabling disclosure (Examiner's Answer,
page 4). According to the examiner, based on the
specification, as filed, undue experimentation would be
necessary to practice the invention.
b. Claims 1-20 have been rejected under the
first paragraph of 35 U.S.C. § 112 on the ground that the
enabling disclosure is not commensurate in scope with the
breadth of the claims.
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