Ex parte DEWEY - Page 5




          Appeal No. 1998-0488                                                        
          Application No. 08/496,234                                                  


          consideration, in reaching our decision, the appellant’s                    
          arguments set forth in the briefs along with the examiner’s                 
          rationale in support of the rejections and arguments in                     
          rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record                           
          before us, that the disclosure in this application describes                
          the claimed invention in a manner which complies with the                   
          requirements of                                                             
          35 U.S.C.  112.  We are also of the view that the collective               
          evidence relied upon and the level of skill in the particular               
          art would not have suggested to one of ordinary skill in the                
          art the obviousness of the invention as set forth in claims 1-              
          20.  Accordingly, we reverse.                                               
          We consider first the rejection of claims 1-20 as                           
          being based on an inadequate disclosure.  The rejection points              
          to the specification as failing to provide an enabling                      
          disclosure of the invention.  Thus, the rejection is based on               
          the enablement portion of the requirements of 35 U.S.C.  112.              
          The examiner points to several recitations of the claimed                   
          invention which, in the examiner’s view, have not been enabled              
          by the supporting disclosure.  Appellant has argued that the                
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