Appeal No. 1997-2852
Application No. 08/354,454
[sic, have] not adequately taught how to make a rotating
magnetic field generating source that changes it's [sic]
position relative to the surface of the disc."
"A patent must contain a description that enables one
skilled in the art to make and use the claimed invention."
Atlas Powder Co. v. E.I. DuPont De Nemours and Co., 750 F.2d
1569, 1576, 224 USPQ 409, 411 (Fed. Cir. 1984). "An inventor
need not, however, explain every detail since he is speaking
to those skilled in the art." In re Howarth, 654 F.2d 103,
105, 210 USPQ 689, 691 (CCPA 1981). "A patent need not teach,
and preferably omits, what is well known in the art." Spectra-
Physics, Inc. v. Coherent, Inc., 827 F.2d 1524, 1534, 3 USPQ2d
1737, 1743 (Fed. Cir. 1987).
The examiner admits that mechanisms for adjusting the
position of the base plate are known in the art. We see no
reason why varying the position of a rotatable magnetic field
generator would require any more than minor adaptations by a
skilled artisan. The level of the skilled artisan should not
be underestimated. See In re Sovish, 769 F.2d 738, 743, 226
USPQ 771, 774 (Fed. Cir. 1985). The examiner relies (Answer,
page 9) on appellants' statement in the Brief filed on June
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