Appeal No. 1998-2949
Application 08/608,042
OPINION
Objection to specification
Initially, we note that the objection to the
specification based on 35 U.S.C. § 112, first paragraph,
lack of enablement is an "objection" under 35 U.S.C. § 132,
which the Board has no jurisdiction to review. Such matters
are reviewable by petition to the Commissioner. The Board's
jurisdiction is limited to those matters involving the
rejection of claims. In re Hengehold, 440 F.2d 1395, 1404,
169 USPQ 473, 480 (CCPA 1971). Nevertheless, our decision
regarding the § 112 rejection should govern the merits of
the objection.
Enablement
Initially, we must determine what the rejection is
because it is not clear from the Final Rejection. The
Examiner stated in the Final Rejection (FR2): "Applicant
has neither fully disclosed nor explained to one of ordinary
skill in the art how the structure of two domains is
maintained by having the polarization potential not equal to
zero when the pixel is not addressed." In the Examiner's
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