Appeal No. 1999-1434
Application No. 08/307,044
specification expressly contemplates such an embodiment, the examiner erred in
construing the claims not to encompass such an embodiment.
Summary
We reverse the rejection for non-enablement because the specification is
presumed to be enabling and the examiner has not presented sufficient evidence
or scientific reasoning to support a conclusion to the contrary.
REVERSED
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
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) INTERFERENCES
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Eric Grimes )
Administrative Patent Judge )
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