Appeal No. 2001-0672
Application No. 08/856,466
clearly inappropriate here since the examiner has made clear that the rejection is based
on the enablement clause of that statutory section. In any event, there is no problem
under the written description clause with regard to the claimed cams because there is
clear support, e.g., at page 2 of the specification as pointed out by the examiner, for the
claimed cams.
While the examiner argues that the “showing of cams in a different system does
not mean that the claimed cams herein were enabled therefrom” [answer-page 5],
appellants have said that these are the well known cams which are employed by his
system and the examiner has offered no evidence to contradict that assessment that
skilled artisans could use, and would have known to use, these very old and well known
cams in order to practice the instant claimed bottle inspection system.
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