Ex parte SWEENIE et al. - Page 6




           Appeal No. 1998-2436                                                  
           Application 08/550,667                                                

           17 of appellants’ brief.  It appears that the examiner                
           views the Cole declaration (dated August 15, 1996) as                 
           providing more information than appellants' specification             
           regarding how to make appellants' filaments.  However,                
           the examiner has not explained how this shows undue                   
           experimentation.                                                      
                Accordingly, the examiner has not convincingly                   
           demonstrated that the artisan would not know how to make              
           a filament having “a substantially diamond-shaped cross               
           section” without undue experimentation.                               
                Therefore, we reverse the examiner’s decision                    
           rejecting claims 1-10 as lacking an enabling disclosure.              






           III. The 35 U.S.C. § 112, first paragraph, best mode                  
                rejection                                                        
                The examiner asserts that the best mode contemplated             
           by the inventor has not been disclosed in view of the                 
           evidence found in Mr. Cole’s declaration filed August 15,             
           1996.  (Answer, page 5).                                              
                On page 19 of the brief, appellants state that the               
           original specification expressly sets forth the steps of              
           drawing and texturizing the extruded filaments.                       
           Appellants point to page 8, line 13 and to page 8, line               
           21 of the specification.                                              


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