Ex parte NAKAMATS - Page 13




          Appeal No. 97-4252                                        Page 13           
          Application No. 08/226,520                                                  


          claims 1, 4, 5, 7 and 8 are enabled by the specie of Figure 7,              
          described in the paragraph bridging pages 8 and 9.  In that                 
          regard, the appellant clearly teaches that a servo-motor is                 
          operable to detect angle and position of the bar 1 and that                 
          the luminous devices are lit according to the circuitry 5.                  
          While the exact details of the circuitry 5 have not been                    
          disclosed, the examiner has not presented any reasoning why                 
          one skilled in the art would have been unable to design the                 
          required circuitry from the appellant's disclosure coupled                  
          with information known in the art without undue                             
          experimentation.                                                            


               For the reasons stated above, the decision of the                      
          examiner to reject claims 1, 4, 5, 7 and 8 under 35 U.S.C. §                
          112, first paragraph, is reversed.                                          


                                     CONCLUSION                                       
               To summarize, the decision of the examiner to reject                   
          claims 1, 4, 5, 7, 8, 15 and 17 under 35 U.S.C. § 112, second               
          paragraph, is affirmed and the decision of the examiner to                  









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