Appeal No. 1999-0752
Application No. 08/806,103
9 and 12. Specifically, the specification states that the “waves
[from the means for providing vibration energy (horn)] serve to
substantially compress fluid ‘F’ in the region immediately
adjacent the substrate’s upper surface which in turn is located
immediately below the respective projecting end portion 53 of
horn 51.” The ultrasonic energy frequency employed is said to be
from about 10 kHz to about 50 kHz. Id. The ultrasonic wave
energy resulting from horn is “incident upon the planar upper
surfaces of the substrates at an angle of substantially 90o
. . . . ” Id. The ultrasonic wave energy is directed to a
boundary layer represented by the dimension “BL” in Figure 3.
See the specification, page 12.
Accordingly, we reverse the examiner’s rejection of claims
1 through 3, 5, 7 through 10, 12 through 15 and 17 through
19 under 35 U.S.C. § 112, second paragraph.
We turn next to the examiner’s rejection of claims 1 through
3, 5, 7 through 10, 12 through 15 and 17 through 19 under
35 U.S.C. § 112, first paragraph, as lacking an enabling
disclosure in the application disclosure to make and/or use the
claimed invention. As the court in In re Gaubert, 524 F.2d 1222,
1226, 187 USPQ 664, 667 (CCPA 1975) stated:
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