Appeal No. 1998-0632
Application 08/301,812
(1997). This same case indicates that the scope of the claims
must bear a 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 experimentation 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).
In the context of the just-noted portions of this
specification as filed supporting the claimed features of the
action station and the correlation and prediction features, we
presently view these in light of an enablement question,
further in light of the just-noted legal standards and
conclude that the rejection thereof must also be reversed.
The claimed action station includes the capability as
disclosed of performing a filling action, which was not
questioned by the examiner in the previous application. The
pasteurization, heating, shaking and gas injection features
are in our judgment well known processes in the art anyway as
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007