Appeal No. 1997-4111 Page 8
Application No. 08/540,947
hole; (2) a plug that has an air-tight end face; (3) a plug 2
that on insertion occupies precisely the entire surface of the
hole; and (4) a plug and hole that in use forms a
supplementary vent for venting a mold cavity.
The enablement requirement
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,
1345, 188 USPQ 659, 661 (CCPA 1976).
We agree with the appellants' argument (brief, pp. 7-11;
reply brief, pp. 1-2) that the appellants' disclosure,
considering the level of ordinary skill in the art as of the
date of the appellants' application, would have enabled a
2Consistent with the specification, one skilled in the
art would interpret "air-tight end face" as meaning that the
end face is air-tight when the plug is inserted into the hole.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007