Appeal No. 1998-1847 Page 4
Application No. 08/540,095
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellant's specification and
claims, and to the respective positions articulated by the
appellant and the examiner. As a consequence of our review,
we make the determinations which follow.
We do not sustain the rejection of claims 1, 5 to 10, 12
to 15 and 17 under 35 U.S.C. § 112, first paragraph, as
failing to adequately teach how to make and/or use the
invention, i.e., failing to provide an enabling disclosure.
The basis for the examiner's enablement rejection of the
claims under appeal is set forth on page 4 of the answer as
follows:
The structure of the "snap buttons" (110) is unclear to
enable practicing the invention. No disclosure could be
found which directs one on how to construct a "snap
button" that passes through "openings" as claimed.
Appellant's "openings" are actually each a pair of
aligned openings formed cooperatively by the seat
recesses (90,92) and respective frame members (40,42).
The selective retraction is neither disclosed in, nor
understood from, the instant disclosure.
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