Appeal No. 1998-2464
Application No.08/353,278
1. A liquid crystal display apparatus comprising:
a liquid crystal panel; and
a light emitting layer provided on a back surface of said liquid
crystal panel, said light emitting layer containing a fluorescent
material caused to emit light by external light transmitted by
said liquid crystal panel and incident on said light emitting
layer.
No references are relied on by the examiner.
Claims 1-3 stand rejected under 35 U.S.C. § 112, first paragraph, as relying on a
nonenabling disclosure.
Reference is made to the briefs and answer for the respective positions of
appellant and the examiner.
OPINION
In applying a rejection under the enablement clause of 35 U.S.C. § 112, an
examiner must establish on the record that he/she has a reasonable basis for questioning
the adequacy of the disclosure to enable a person of ordinary skill in the art to make and
use the claimed invention without resorting to undue experimentation. Once the examiner
has advanced a reasonable basis for questioning the adequacy of
the disclosure, the burden shifts and it becomes incumbent on the applicant to factually
demonstrate that his/her application is in fact sufficient.
In the instant case, the examiner contends that the skilled artisan would expect the
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