Appeal No. 1997-1218
Application No. 08/268,687
In appellants' specification at page 4, lines 21 through
26, appellants indicate that glass fibers, without previous
drying, "are ground to milled fibers in a high-efficiency
mixer, with the addition of, e.g., water."
In reviewing the issues generated by the stated
rejection, we initially point out that the burden is on the
examiner to
establish a reasonable basis to question the adequacy of an
appellant's disclosure. In re Marzocchi, 439 F.2d 220, 223-
224, 169 USPQ 367, 370 (CCPA 1971). Further, as instructed
by the court in In re Marzocchi, 439 F.2d at 223, 169 USPQ at
369:
a specification disclosure which contains a teaching
of the manner and process of making and using the
invention in terms which correspond in scope to
those used in describing and defining the subject
matter sought to be patented must be taken as in
compliance with the enabling requirement of the
first paragraph of § 112 unless there is reason to
doubt the objective truth of the statements
contained therein which must be relied on for
enabling support. (emphasis added)
Basically, it is the examiner's position that the mixers
described in appellants' specification are incapable of
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