Ex parte PORTOGHESE - Page 9




               Appeal No. 1997-2204                                                                                             
               Application No. 08/440,989                                                                                       



               that the specification does not enable any person skilled in the art to make and use the                         
               claimed invention, taking into account the relevant factors set forth in Wands.                                  
                      The rejection under 35 U.S.C. § 112, first and second paragraphs, is reversed.                            
                                                       CONCLUSION                                                               
                      The examiner's decision, rejecting claim 21 under 35 U.S.C. § 102(a), and 35                              
               U.S.C. § 112, first and second paragraphs, is reversed.                                                          



                                                        REVERSED                                                                

                                                                                  )                                             
                                     SHERMAN D. WINTERS                           )                                             
                                     Administrative Patent Judge                  )                                             
                                                                                  )                                             
                                                                                  )                                             
                                                                                  ) BOARD OF PATENT                             
                                     WILLIAM F. SMITH                            )                                             
                                     Administrative Patent Judge                  )   APPEALS AND                               
                                                                                  )                                             
                                                                                  ) INTERFERENCES                               
                                                                                  )                                             
                                     FRED E. MCKELVEY                            )                                             
                                     Senior Administrative Patent Judge           )                                             










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