Appeal No. 2000-0156
Application 08/531,023
The following reference is relied on by the examiner:
Hiroyuki (Japanese) 55-1270211 Oct. 01,
1980
Claims 6, 8, 9, 11, 12 and 14 stand rejected under the
enablement portion of the first paragraph of 35 U.S.C. § 112 as
well as the second paragraph of this statutory provision. These
claims also stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon alleged appellant’s
admitted prior art in view of Hiroyuki.
Rather than repeat the positions of the appellant and the
examiner, reference is made to the brief and the answer for the
respect details thereof.
OPINION
We reverse each of the three rejections of the claims on
appeal.
As to the enablement issue within 35 U.S.C. § 112, first
paragraph, the specification of the patent must teach those
skilled in the art how to make and use the claimed invention
without undue experimentation. Genentech, Inc. v. Novo Nordisk
A/S, 108 F.3d 1361, 1365, 42 USPQ2d 1001, 1004 (Fed. Cir.), cert.
Our understanding of this reference is based upon a translation1
provided by the Scientific and Technical Information Center of Patent and
Trademark Office. A copy of the translation is enclosed with this decision.
2
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