Appeal No. 1997-1892
Application 08/209,638
portions.
There is no art rejection on appeal.
Claims 4 to 7, 12 and 13 stand rejected under 35 U.S.C.
§ 112, first paragraph.
Reference is made to Appellants’ briefs and the 2
Examiner's answer for their respective positions.
OPINION
We have considered the record before us and we will
reverse the rejection of claims 4 to 7, 12 and 13 under 35
U.S.C. § 112, first paragraph.
The test for enablement is whether one skilled in the art
could make and use the claimed invention from the disclosure
coupled with information known in the art without undue
experimentation. See United States v. Telectronics, Inc., 857
F.2d 778, 785, 8 USPQ2d 1217, 1223 (Fed. Cir. 1988), cert.
denied, 109 S.Ct. 1954 (1989); In re Stephens, 529 F.2d 1343,
2A reply brief was filed as paper no. 14 and its entry
approved by the Examiner without any further response [paper
no. 16].
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