Ex Parte KONDO et al - Page 2



          Appeal No. 2001-1193                                                        
          Application No. 08/463,761                                                  
               1.  An atomic fine line pn junction element comprising:                
               an atomic fine line arranged on one or a plurality of                  
               straight lines, in a ring shape or on a curve; and                     
               respective elements disposed in a proximity of and spaced              
               apart from said atomic fine line for supplying electrons and           
               holes thereto.                                                         
               There is no art rejection in this case.                                
               Claims 1-3, 13-24, and 27-51 stand rejected under 35 U.S.C.            
          § 112 first paragraph for lack of enablement.                               
               Rather than repeat the argument of Appellants and the                  
          Examiner, we make reference to the brief (Paper No. 35), reply              
          brief (Paper No. 39) and the Examiner’s answer (Paper No. 36) for           
          respective details thereof.                                                 

          OPINION                                                                     
              We have considered the rejections advanced by the Examiner             
          and the supporting arguments.  We have, likewise, reviewed the              
          Appellants’ arguments set forth in the briefs.                              
               We reverse.                                                            
               The Examiner has failed to set forth a prima facie case for            
          the rejection which is entirely based on the lack of enablement.            
               An analysis of whether the claims under appeal are supported           
          by an enabling disclosure requires a determination of whether               
          that disclosure contained sufficient information regarding the              
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