Appeal No. 2001-1276
Application No. 09/122,519
made to be selectively movable or be made to move simultaneously
together, as claimed.
The test regarding enablement is whether the disclosure, as
filed, is sufficiently complete to enable one of ordinary skill
in the art to make and use the claimed invention without undue
experimentation. See In re Wands, 858 F.2d 731, 737, 8 USPQ2d
1400, 1404 (Fed. Cir. 1988) and In re Scarbrough, 500 F.2d 560,
566, 182 USPQ 298, 302 (CCPA 1974). The experimentation
required, in addition to not being undue, must not require
ingenuity beyond that expected of one of ordinary skill in the
art. See In re Angstadt, 537 F.2d 498, 504, 190 USPQ 214, 218
(CCPA 1976).
A reading of the specification and a review of the drawing
reveals to us that one having ordinary skill in this art would
not have been fairly instructed as to how to make and use an
apparatus wherein a magnetic device "and/or" (claim 1) a vacuum
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