SAWADA et al. V. JIN et al. - Page 25




                 Interference No. 103,141                                                                                                              



                 18, 24 (CCPA 1970) (the first paragraph of section 112                                                                                
                 requires that the scope of protection sought in a claim bear a                                                                        
                 reasonable correlation to the scope of  enablement provided by                                                                        
                 the specification).  Nothing more than objective enablement is                                                                        
                 required, and therefore it is irrelevant whether this teaching                                                                        
                 is provided through broad terminology or illustrative                                                                                 
                 examples.  In re Marzocchi, 439 F.2d 220, 223,    169 USPQ                                                                            
                 367, 369 (CCPA 1971).                                                                                                                 
                                   The evidentiary basis for the motion for judgment                                                                   
                 was a declaration  by Kenichi Sato.  Mr. Sato states that he19                                                                                                      
                 regards himself as an expert in superconductor materials.  ¶6.                                                                        
                 It is                                                                                                                                 


                 Sato’s expert opinion that a person skilled in the                                                                                    
                 superconductor materials art would not have been able to                                                                              
                 predict, as of the filing date of the involved Jin patent,                                                                            
                 which other oxides                                                                                                                    
                 identified at column 2 and in claim 14 could have been                                                                                
                 success- fully manufactured into elongate bodies according to                                                                         


                          19Paper No. 22.                                                                                                              
                                                                          25                                                                           





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