Interference No. 101,981
requirement of 35 U.S.C. § 112. Credle v. Bond, 25 F.3d 1566,
1572 fn14, 30 USPQ2d 1911, fn14 (Fed. Cir. 1994).
Beyers does not seek review of their motion for judgment on
the independent ground of a lack of written description.
Whether Batlogg’s Application Complies With The Enablement
Requirement of 35 U.S.C. § 112
Both junior parties raise an issue with respect to Batlogg’s
compliance with the enablement requirement. The enablement issue
was previously raised in two Preliminary Motions under 37 C.F.R.
§ 1.633: Beyers (#2, paper no. 29, pp. 2-3) and Qadri (Q5, paper
no. 39, p. 6); both of which were denied by the APJ (paper no.
131). We discuss Beyers first.
BEYERS
Beyers (BeB 42-44) acknowledges that they are raising an
issue which was the subject of a previous preliminary motion.
However, they fail to state that the motion was denied and do not
request review of that denial. We presume that, by resurrecting
the issue, Beyers is implicitly seeking review of the denial of
that motion. We will assume arguendo that this is the case.
On the substantive issue here under review, while stating
that Batlogg’s application fails to meet the requirements of 35
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