Ex parte KALIS et al. - Page 4




          Appeal No. 1997-4395                                                        
          Application No. 08/351,044                                                  


          reasonable correlation to the scope of enablement provided by               
          the disclosure.  Enablement is also not precluded even if some              
          experimentation is necessary, although the amount of experi-                
          mentation needed must not be unduly excessive.  Hybritech,                  
          Inc. v. Monoclonal Antibodies Inc., 802 F.2d 1367, 1384, 231                
          USPQ                                                                        
          81, 94 (Fed. Cir. 1986), cert. denied, 480 U.S. 947 (1987).                 




               Generally, for the reasons set forth by the appellants in              
          the brief and the reply brief, we reverse the rejection.  As                
          the brief and reply brief attempt to make clear, the Board did              
          not find, contrary to the examiner's view, that the entire                  
          specification was not enabling for any detection, no matter                 
          how claimed, of subsequent skips.                                           
               As a starting point, each of the independent claims 32,                
          39 and 46 presently on appeal contains language in some manner              
          at the end of each of them relating to the resynchronization                
          of the stated measured elapsed time signal to correspond with               
          the reported elapsed time signal upon the occurrence of the                 
          determination of a skip so that subsequent skips can be                     
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007