Appeal No. 1998-1562 Page 22
Application No. 08/611,416
position gripping a tube) to its full lined position shown in
Figure 6 (i.e., the release position to release a tube
therefrom). Our problem resides in the fact that the tube 15
is gripped between the gripper element (i.e., lock 32) and the
conical bolt 33 and therefore the tube 15 itself would prevent
the gripper element (i.e., lock 32) from pivoting from its
phantom lined position to its full lined position shown in
Figure 6.
Factors to be considered in determining whether a
disclosure to be enabling would require undue experimentation
include
(1) the quantity of experimentation necessary, (2) the amount
of direction or guidance presented, (3) the presence or
absence of working examples, (4) the nature of the invention,
(5) the state of the prior art, (6) the relative skill of
those in the art, (7) the predictability or unpredictability
of the art, and (8) the breadth of the claims. 11
11 See In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404
(Fed. Cir. 1988) citing Ex parte Forman, 230 USPQ 546, 547
(Bd. Pat. App. & Int. 1986).
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