Appeal No. 2001-1276
Application No. 09/122,519
that independent and simultaneous operating systems for vacuum
and magnetic devices were known in the art at the time of
appellant's invention or that one having ordinary skill in the
art would have been able to make and use the claimed invention
without undue experimentation, based upon the present disclosure.
The argument of appellant as set forth in the main and reply
briefs simply does not persuade us that the present disclosure
satisfies the enablement requirement of the first paragraph of
35 U.S.C. § 112. For the foregoing reasons, the examiner's
enablement rejection must be sustained.
In summary, this panel of the board has sustained the
rejection under 35 U.S.C. § 112.
The decision of the examiner is affirmed.
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