Appeal No. 2002-1593
Application 09/091,020
As the examiner has failed to establish a prima facie case
of lack of written description or enablement, it is not necessary
to delve into the merits of the 37 CFR § 1.132 Declaration of
Juergen Thams made of record by the appellants to rebut the
examiner’s position.5
SUMMARY
The decision of the examiner to reject claims 7 through 19
under 35 U.S.C. § 112, first paragraph, is reversed.
5 It should be noted, however, that the foreign language
exhibits appended to the declaration without English translations
carry little, if any, probative value before the USPTO.
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007