Appeal No. 2002-0652
Application No. 08/465,072
subject matter without undue experimentation. We conclude that
the examiner has failed to make out a prima facie case of lack of
enablement, not that the claimed subject matter is enabled. The
enablement rejection of claims 98 through 102, 104 through 108,
115, 116, 120 through 125, 131 through 141, 143 through 147, 154,
155, 161 through 164, 170, 171, 175 through 195, 204 through 206,
211 through 219, 227 through 254, 263 through 265, 273 through
278, 286 through 288, 297 through 304, 307, 310, 311, 314, 317,
320, 323, 324, 327, 330, 331, 334, 336 through 338, 341 through
346, 349, 351 through 353, 356 through 361, 364, 366 through 368,
371, 374 through 377, 379, 382, 384, 389, 390, and 392 through
395 is reversed.
CONCLUSION
The decision of the examiner rejecting claims 98 through
102, 104 through 108, 115, 116, 120 through 125, 131 through 141,
143 through 147, 154, 155, 161 through 164, 170, 171, 175 through
195, 204 through 206, 211 through 219, 227 through 254, 263
through 265, 273 through 278, 286 through 288, 297 through 304,
307, 310, 311, 314, 317, 320, 323, 324, 327, 330, 331, 334, 336
through 338, 341 through 346, 349, 351 through 353, 356 through
361, 364, 366 through 368, 371, 374 through 377, 379, 382, 384,
389, 390, and 392 through 395 under 35 U.S.C. § 112, first
paragraph, is affirmed as to the written description rejection
and reversed as to the enablement rejection.
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