Ex parte KATO et al. - Page 25




          Appeal No. 1998-2817                                                        
          Application No. 08/455,366                                                  


          of Embodiment 2 had an average maximum magnitude of decay of                
          less than about 76.98 grams in an extension range of about 300              
          millimeters over the first three cycles.  There are no                      
          examples in the appellants’ specification illustrating how one              
          would make a closed-loop waist elastic system having a maximum              
          magnitude of decay in an extension range of about 300                       
          millimeters over the first three cycles of zero (0) grams or                
          25 grams or of any number of grams less than 59.18 grams.  In               
          some cases involving predictable factors, a single embodiment               
          provides broad enablement in the sense that, once imagined,                 
          other embodiments can be made without                                       
          difficulty and their performance characteristics predicted by               
          resort to known scientific laws.  The scope of enablement                   


          obviously varies inversely with the degree of unpredictability              
          of the factors involved.  In this case, involving                           
          unpredictable factors, such as the effect on decay of (1) the               
          material used to make the elastic elements, (2) the spacing of              
          the bond areas between the sleeve and the elastic elements,                 
          (3) the total area of all bond areas between the sleeve and                 
          the elastic elements, (4) the cross sectional dimensions of                 
                                         25                                           





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