Appeal No. 2001-0129
Application No. 09/035,655
statement in a supporting disclosure and to back up assertions
of its own with acceptable evidence or reasoning which is
inconsistent with the contested statement. Otherwise, there
would be no need for the applicant to go to the trouble and
expense of supporting his presumptively accurate disclosure."
In re Marzocchi, 439 F.2d at 224, 169 USPQ at 370.
Once the examiner has established a reasonable basis to
question the enablement provided for the claimed invention,
the burden falls on the appellant to present persuasive
arguments, supported by suitable proofs where necessary, that
one skilled in the art would be able to make and use the
claimed invention using the disclosure as a guide. See In re
Brandstadter, 484 F.2d 1395, 1406, 179 USPQ 286, 294 (CCPA
1973). In making the determination of enablement, the
examiner shall consider the original disclosure and all
evidence in the record, weighing evidence that supports
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