Appeal No. 1999-0862
Application 08/764,275
all of the factors need not be reviewed when determining
whether a disclosure is enabling. See, Amgen, Inc. v. Chugai
Pharm. Co., Ltd., 927 F.2d 1200, 1213, 18 USPQ2d 1016, 1027
(Fed. Cir. 1991) (noting that the Wands factors “are
illustrative, not mandatory. What is relevant depends on the
facts.”).
First, we must first understand what the Appellants have
invented. On pages 1 through 3 of the specification,
Appellants point out that it was known to provide quantum
cells as shown in figures 18a and 18b. Appellants point out
that the arrangement of the cells of 18a and 18b provides a
drawback that it will not properly operate if the input is a
zero as shown in figure 18b and therefore does not properly
operate as an inverter. Appellants disclose on pages 22
through 26 that figure 1a is the first embodiment of the
invention which overcomes the prior art problems. Appellants
have arranged the quantum cells C1 through
C4 in a two-dimensional pattern that constitutes a loop
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