Appeal No. 1997-1849
Application 08/414,180
THE ISSUE
The issue presented for review is whether the examiner erred in rejecting claims 28
through 45 and 47 through 50 under 35 U.S.C. § 112, first paragraph, as based on a non-
enabling disclosure. More specifically, the question arises under the “how to use”
requirement of 35 U.S.C. § 112, first paragraph, i.e., whether the examiner erred in
concluding that the instant specification would not have enabled any person skilled in the
art to use the claimed invention throughout its scope without undue experimentation.
DELIBERATIONS
Our deliberations in this matter have included evaluation and review of the following
materials: (1) the instant specification, including all of the claims on appeal; (2) applicants'
Appeal Brief (Paper No. 20), including the Epstein Declaration filed under the provisions of
37 CFR § 1.132 and the above-cited Amit reference, attached thereto; and (3) the
Examiner's Answer (Paper No. 21).
On consideration of the record, including the above-listed materials, we reverse the
examiner's rejection.
DISCUSSION
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