Appeal No. 1998-1562 Page 20
Application No. 08/611,416
modifying Eichenberger to have the receiving device 6 move
towards the working position. Thus, the subject matter of
claims 19 and 20 would not have been obvious from the
teachings of Eichenberger and Smith.
New grounds of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new grounds of rejection.
Claim 20 is rejected under 35 U.S.C. § 112, first9
paragraph, as failing to adequately teach how to make and/or
use the invention, i.e., failing to provide an enabling
disclosure.
The test for enablement is whether one skilled in the art
could make and use the claimed invention from the disclosure
coupled with information known in the art without undue
9Claim 20 recites "a pair of stops, each stop being
disposed in a path of movement of a respective gripper element
to move said respective gripper element from a holding
position gripping a tube to a release position to release a
tube therefrom."
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