Appeal No. 1997-2325
Application No. 08/486,403
embodiments of the claimed invention. What the examiner has not done is perform
the fact-finding needed in order to reach a proper conclusion of undue
experimentation. The examiner has not relied upon any evidence in support of this
rejection which would establish that making and testing other sequences beyond
those described in the present specification amounts to undue experimentation.
The examiner’s unsupported conclusions do not suffice.
Accordingly, the rejection of claims 1-7 and 35-44 under 35 U.S.C. § 112,
first paragraph is reversed.
REVERSED
William F. Smith )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Carol A. Spiegel )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Donald E. Adams )
Administrative Patent Judge )
DA/dm
Stephen E. Reiter
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