Appeal No. 1998-2392
Application No. 08/338,917
sup- port a lack of enablement rejection. Simply stated, the
Wilfong teaching (a moisture barrier layer comprised of a3
mesophase propylene-based material), relied upon by the exam-
iner, does not prove that appellants’ claimed invention would
not have been enabled by the underlying disclosure. Appel-
lants rely upon an “oriented” liquid crystal polymer that is
disclosed as providing the greatest contribution to gas imper-
meability (specification, page 3, lines 25 through 29).
Further, the specification
(page 14) supports the noted low permeability attribute of an
oriented liquid crystal polymer layer by the comparative
results found in “TABLE 1 - OXYGEN PERMEATION” of Example 1.
In light of the above, this panel of the board concludes that
the rejection lacks proof that the claimed subject matter,
inclusive of an “oriented” liquid crystal polymer layer, is
based upon an underlying disclosure that is nonenabling.
3U.S. Patent No. 5,496,295.
5
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