Appeal No. 2001-2686
Application Re08/932,718
Appellants’ invention relates to a progressive cavity
pump assembly having a flexible connector shaft (39) coupled
at one end to a motor drive shaft (47) and at the other end
to an orbital pump rotor (21). In contrast to the original
patent claims (namely claims 1 through 6), which recite that
both ends of the connector shaft are splined or are
connected to splined couplings, the independent claims on
appeal (namely claims 7 and 11) are broad enough to read on
a connector shaft that lacks a splined connection at one of
its ends. For example, claim 7 recites that the “at least
one of the ends [of the connector shaft] is splined.” Thus,
the other end of the connector shaft may or may not be
splined.
A copy of the appealed claims is appended to
appellants’ brief.
Claims 7 through 12 stand rejected under the first
paragraph of 35 U.S.C. § 112 as being based on a
specification which fails to provide an enabling disclosure.
No other rejections are involved in this appeal.
With regard to the standing rejection, the examiner
states on page 3 of the answer that appellants’
specification “does not reasonably provide enablement for
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