HUANG et al. V. PRASIT et al. - Page 20




          by Koboldt, Veenhuizen, or Anderson, or of any results entered              
          into the database by Holtzman.                                              


               B. Discussion                                                          
          1.   The Huang request for reconsideration of the denial                    
               of Huang preliminary motion 1                                          
               In its preliminary motion 1 (Paper 25), Huang moved for                
          judgment that all the claims of the Prasit application are                  
          unpatentable to Prasit under 35 U.S.C. §§ 101 or 112, first                 
          paragraph as lacking an adequate description of utility and                 
          failing to be supported by an enabling disclosure.  Huang                   
          preliminary motion 1 was denied (Paper 35).  At the request of              
          Huang, we reconsider its preliminary motion 1.  We DENY the                 
          preliminary motion.                                                         
               A party filing a motion has the burden of proof to show                
          that it is entitled to the relief sought in the motion.  37                 
          CFR                                                                         
          § 1.637(a).  Statements in the specification regarding                      
          enablement are presumed correct unless there is reason to                   
          question the objective truth of those statements.  A finding                
          that a compound lacks utility or fails to teach how to use the              
          invention is  appropriate only if one of ordinary skill in the              



                                         20                                           





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next 

Last modified: November 3, 2007