Appeal No. 1997-3120
Application No. 08/219,853
enablement of the appellant's disclosure. In re Marzocchi,
439 F.2d 220, 223, 169 USPQ 367, 369 (CCPA 1971).
As for the § 103 rejection, it is the examiner's basic
position that the flexible pressure roller referred to in
EXAMPLE 5 of Cassat would provide a pressing step to thereby
produce an even top surface as required by the here rejected
claims. There is simply no basis, however, for assuming that
patentee's flexible pressure roller would exert sufficient
pressure or pressing force so as to produce the desired result
of an even top surface. Certainly, DesMarais provides no such
basis contrary to the examiner's apparent belief. For all we
know based on this record, the flexible pressure roller of
Cassat does not alter in any way the top surface of any
pattern contacted thereby. It follows that the § 103
rejection of claims 61-65 also cannot be sustained.
The decision of the examiner is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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