Appeal No. 1997-1506 Page 6
Application No. 08/442,413
In determining that the specification is non-enabling,
the examiner has noted that the structure or devices which
cause the forces shown on the left of Figures 1, 3 and 5
through 8 are not disclosed. The examiner's position is that,
“[s]ince there is an almost infinite number of ways to
generate a force on an object, this would lead to undue
experimentation on the part of the ordinary skilled artisan”
(answer, page 5). We do not agree. There does not appear to
be any dispute that there are many electromechanical devices
known in the art for generating linearly oriented forces.
Further, the appellants' original disclosure (specification,
page 5) discloses electromechanical actuating drives for use
in bending steel supports such as rail lines of trains to
switch from one track to another and to hydraulic or spindle
drives (pages 4 and 8) for generating linearly oriented
forces. Thus, it is our opinion that one of ordinary skill in
the art would have been able, without undue experimentation,
to select a conventional device for generating any of the
forces disclosed by the appellants' disclosure.
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