Appeal No. 2000-2267
Application No. 08/764,576
is the same as set forth under the “written description”
statutory requirement. The Examiner reiterates (Answer, page 7)
the contention that Appellants’ disclosure is deficient in
describing how the connection of the air turbine housing to the
generator housing will permit the turbine output shaft to rotate
the generator shaft 27 so as to enable one of ordinary skill to
make and use the invention.
For all of the reasons previously discussed, it is our view
that Appellants’ description at pages 3 and 4 of the description
of the structural coupling between the air turbine housing 19 and
the generator housing 10 provides a clear indication that such a
coupling permits the turbine shaft to rotate the generator shaft
regardless of the bracket connection between turbine and
generator housings. In our opinion, after reviewing the evidence
and arguments of record, including Appellants’ description in the
specification, that the level of skill relative to air turbine
generators at the time of filing of Appellants’ disclosure would
enable the skilled artisan to implement the claimed turbine
generating power source without undue experimentation.
Accordingly, we do not sustain the Examiner’s rejection of claims
1-10 under the enabling provisions of the first paragraph of
35 U.S.C. § 112.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007