Ex Parte KINGDON et al - Page 8




              Appeal No. 2002-0098                                                                                     
              Application No. 09/064,290                                                                               

              specification in the “Background” section describes computers, both special purpose                      
              (e.g., point-of-sale devices) and general purpose (e.g., computers for financial auditing)               
              that would lead the artisan to infer that the claimed “means for assigning,” “means for                  
              monitoring,” and “means for detecting” refer to computers programmed to perform the                      
              claimed functions.                                                                                       
                     Since we agree with appellants that a prima facie case for lack of enablement                     
              has not been set forth on this record, we find consideration of the declaration attached                 
              to the Brief unnecessary.  We do not sustain the rejection of claims 1-23 under 35                       
              U.S.C. § 112, first paragraph.                                                                           





















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