Appeal No. 2000-0181
Application No. 08/929,287
etc., which may be correct. However, "[i]t is not fatal if
some experimentation is needed, for the patent document is not
intended to be a production specification." Northern Telecom,
Inc. v. Datapoint Corp., 908 F.2d 931, 941, 15 USPQ2d 1321,
1329 (Fed. Cir. 1990). The fact that some experimentation may
be necessary does not preclude enablement, as long as the
amount of experimentation is not unduly extensive. Atlas
Powder Co. v. DuPont DeNemours & Co., 750 F.2d 1569, 1576, 224
USPQ 409, 413 (Fed. Cir. 1984). Given the information which
appellants have furnished in the specification concerning the
claimed nozzle, and particularly concerning the construction
of the friction brake, the reasons advanced by the examiner in
support of the rejection do not, in our view, reasonably
justify a conclusion that undue experimentation would be
required for one of ordinary skill in the art to make and use
the claimed invention.
The rejection therefore will not be sustained.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007