Appeal No. 2001-0302
Application No. 08/635,614
lines 7-20 of appellants[’] disclosure do not show or
explain anything other than a conventional standard
generic stress/force - strain/deformation curve.
[Answer, pages 5-6.]
The examiner further contends (answer, page 14) that the
artisan desiring to make or use appellants’ invention would have
to start from the very beginning without any aid from appellants’
disclosure because appellants have failed to provide any
numerical values for the range recited in next to the last
paragraph of claim 1. It is also the examiner’s view (answer,
page 15) that undue experimentation would be required to make and
use appellants’ claimed invention. The examiner further
maintains (answer, page 16) that the specification does not
explain or suggest how the desired results are accomplished.
At the outset, for the reasons set forth by appellants on
page 17 of the main brief in discussing the graph found in the
Standard Handbook for Civil Engineers (the examiner’s document
“X”), we do not agree with the examiner’s position to the effect
that it would be “difficult” (i.e., involve undue
experimentation) to set the diametric deformation of the torque
setting member of appellants’ torque limiter so that the torque
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