Appeal No. 1999-2574
Application No. 08/728,878
it
would appear that the device would be inoperable since part of
the layer 82 would appear to blend into, and become, stripes
50R.
Since, for the reasons supra, we hold that there is,
indeed, an adequate written description, i.e., support, for
the claimed “monotonically decreasing width,” we will not
sustain the rejection of claims 4 and 5 based on the written
description portion of 35 U.S.C. 112. We also will not
sustain the rejection of these claims based on the enablement
portion of 35 U.S.C. 112 since the artisan would clearly have
been able to make and use the claimed invention by forming the
layers 82, 84 and 86 as shown in instant Figure 10, for
example, and in a manner shown supra.
7–
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