Appeal No. 1997-2937
Application No. 08/420,562
claim. Id. Additionally, appellants’ claims on appeal are
directed to methods for recording X-rays. Thus using
elpasolite phosphors within the claimed formula which are not
functional in the X-ray intensifying screen (claim 1) or the
photostimulable phosphor screen (claim 11) would not record X-
rays and therefore these phosphors would not be within the
scope of the claimed subject matter (Brief, page 4; Reply
Brief, page 2).
For the foregoing reasons, we determine that, on this
record, the examiner has not met the initial burden of
establishing the underlying factual inquiries to support the
legal conclusion of lack of enablement under the first
paragraph of Section 112.
Accordingly, we reverse the examiner’s rejection of the
claims on appeal under 35 U.S.C. § 112, first paragraph.
The decision of the examiner is reversed.
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