Appeal No. 97-3469
Application 08/188,427
distances along the direction of the axis of the read gap to
the edge of the track, as may be seen from the sketch in the
attached Appendix. Appellants seem to recognize this in their
arguments (e.g., Br7). One reason for providing the sketch is
to show that the relationships are inherent in any head where
the read gap is located completely within the shadow of the
write gap. Cf. In re Rijckaert, 9 F.3d 1531, 1533 n.3,
28 USPQ2d 1955, 1957 n. 3 (Fed. Cir. 1993) (the Board's
statement that the relationship between variables in a video
tape recorder apparatus is "probably satisfied" by the prior
art was speculative).
35 U.S.C. § 112, first paragraph, lack of enablement
The objection to the specification based on 35 U.S.C.
§ 112, first paragraph, lack of enablement is an "objection"
under 35 U.S.C. § 132, which the Board has no jurisdiction to
review. Such matters are reviewable by petition to the
Commissioner. The Board's jurisdiction is limited to those
matters involving the rejection of claims. In re Hengehold,
440 F.2d 1395, 1404, 169 USPQ 473, 480 (CCPA 1971). However,
our decision regarding the § 112 rejection governs the merits
of the objection.
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