Appeal No. 2001-1686 Page 7
Application No. 08/363,998
statement of the rejection provides support for our finding that an artisan skilled
in the art would be able to distinguish those uses of the claimed method
disclosed by the specification that are enabled from those that are not.
In making the scope rejection that the disclosure is enabled for some, but
not all of the disclosed uses, the examiner appears to be concerned that the
claim may encompass the inventive efforts of later developers. That is a
concern, however, under potential infringement of the claim and not the
patentability of the claim. See In re Hogan, 559 F.2d 595, 607, 194 USPQ 527,
538 (CCPA 1977).
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