Ex parte TUOMINEN et al. - Page 4

          Appeal No. 1997-4287                                                        
          Application No. 08/275,864                                                  

          . . . [whereas] it is not clear as to what is meant by                      
          aligned” (answer, page 4).  Like the appellants, we perceive                
          no merit in the examiner’s position.  When the criticized                   
          claim language is analyzed in light of the appellants’                      
          disclosure (e.g., see page 11 of the specification and Figure               
          3 of the drawing) as it must be (In re Moore, 439 F.2d 1232,                
          1235, 169 USPQ 236, 238 (CCPA 1971)), there is ample basis for              
          concluding that the bounds of the here claimed subject matter               
          are distinct.  In re Merat, 519 F.2d 1390, 1396, 186 USPQ 471,              
          476 (CCPA 1975).                                                            
               Under these circumstances, we cannot sustain the                       
          examiner’s section 112, second paragraph, rejection of the                  
          appealed claims.                                                            
               As for the section 112, first paragraph, rejection, it is              
          the examiner’s position that “the [appellants’] disclosure is               
          enabling only for claims limited to particles having a                      
          particular shape and crystal structure oriented with respect                
          to said shape” (answer, page 4).  It is well settled that it                
          is the examiner’s burden to advance acceptable reasoning                    
          inconsistent with enablement (as correctly observed by the                  
          appellants in their brief).  In re Strahilevitz, 668 F.2d                   


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