Appeal No. 2001-0129
Application No. 09/035,655
In summary, the examiner is unclear form [sic,
from] the disclosure how the cotton pad is capable
of being rigid, and as such the examiner believes
that one having ordinary skill in the art is not
enabled to make or use the invention. [examiner’s
answer at pages 4 and 5].
In our view, the examiner has not met his burden.
Specifically, the examiner has not established that one
skilled in the art could not make and use the claimed
invention from the disclosure coupled with the information
known in the art without undue experimentation. The examiner
has not addressed what a person skilled in the art would have
known about how to make the cotton based cellulose of the
appellant’s invention rigid. In
our view, it would have been well within the skill of the
ordinary skilled person in the art to ascertain through
routine experimentation a process which would render the
cotton-based cellulose fibers disclosed in the appellant’s
specification rigid. In this regard, we note that rigid
cellulose material such as cardboard and the process of making
same is notoriously well known. In view of the foregoing, we
will not sustain the examiner’s rejection of claims 1 through
9 under 35 U.S.C. § 112, paragraph one.
8
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