Appeal No. 1998-2904 Application 08/715,256 selectively group the individual gate electrodes 22 into respective groups 23 in Figure 2 and as shown in Figures 3a through 3c. The specification as a whole makes clear to the artisan that each individual gate electrode 22 must inherently be selectively addressable by the gate circuit 28 to achieve the individual, selective grouping function itself. Although this is not shown directly in the figures associated with the written specification, it is clearly indicated to the artisan in the written specification itself. Thus, we are in agreement with the view expressed by appellants at page 5 of the principal brief on appeal that “the person of ordinary skill in the art would understand each drawn line 29 to schematically represent parallel electrical contact lines or equivalent arrangements, such as well known addressing means, enabling the voltages on the gate electrodes of a row to be imposed independently of each other.” The books and publications noted and discussed at pages 5 through 7 of the principal brief on appeal support this conclusion. In view of the foregoing and in view of our conclusion that a reasonable degree but not an undue amount of experimentation would have been required of the artisan to make and use the claimed invention, we must therefore reverse the rejection of claims 1 through 18 under the enablement provision of 35 U.S.C. § 112. The examiner has not separately set forth any line of reasoning as to the assertion that the best mode has not been set forth within the first paragraph of 35 U.S.C. § 112. The examiner's line of reasoning does not assert that the inventors knew of a better mode of carrying out the claimed invention than they disclosed in the specification and that the 4Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007