Appeal No. 2001-2204
Application No. 09/155,413
effort would clearly have to be undertaken to make and use the
claimed method and apparatus, the examiner has not convincingly
established that the effort would certainly entail undue
experimentation. On the other hand, appellant's submissions lend
support to the view that the skill of those practicing the
specific art at issue would have enabled them to make and use the
disclosed invention without engaging in experimentation that
would be considered undue. In particular, appellant relies upon
the translated publication (DE 3 717 60) in Appendix II (the '610
publication), the same document referenced on page 1 of the
present specification. Basically, the '610 document (Fig. 1)
informs us that, when appellant's invention was made, those
skilled in the art clearly had the requisite ability to effect an
apparatus for automatically soldering hard metal teeth onto a
circular saw blade at "exact" soldering positions (page 4). The
Neff et al document (Appendix III) further instructs us that
those skilled in the art, at the time of appellant's invention,
had the ability to configure an apparatus for measuring and
sorting component parts prior to their assembly (column 5, lines
45 through 47) wherein a contact rod measures critical dimensions
of component parts, an optical encoder measures a location, and a
microprocessor or computer compiles data (column 4, lines 50
5
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