Appeal No. 1997-1594 Application No. 08/247,090 We find the examiner’s assertions that the claims are unsupported by an adequate enabling disclosure not well taken. The specification on pages 6-12 sets forth the subject matter claimed by appellant. The examiner chooses to address only limitations that do not appear in the claimed subject matter. However, the examiner does not address the basic issue as to whether the claimed subject matter is adequately enabled. Based upon the above considerations, we will not sustain the rejection of the examiner on the grounds of enablement. B. The Rejection under 35 U.S.C. § 102(b) With respect to this rejection, appellants fail to argue the separate patentability of any of the dependent claims. Accordingly, we select claim 1, the sole independent claim as representative of appellants’ claimed subject matter and limit our consideration thereto. 37 CFR § 1.192(c)(7)(1995). During patent prosecution, claims are to be given their broadest reasonable interpretation consistent with the specification, and the claim language is to be read in view of the specification as it would be interpreted by one of ordinary skill in the art. In re Morris, 127 F.3d 1048, 1053- 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007