Appeal No. 2003-0203 Page 7
Application No. 09/419,136
It is our view that the appellants' disclosure would have enabled a person of
ordinary skill in the art to make and use the invention defined by claims 4 and 5 without
undue experimentation since the interwoven mesh diaphragm having flexible tubes
containing rheological fluid effects a change in shape of the flexible tubes, and thus the
mesh diaphragm, by electrically activating the rheological fluid.
It is our view that the appellants' disclosure would have enabled a person of
ordinary skill in the art to make and use the invention defined by claim 7 without undue
experimentation for the reasons expressed above with regard to claim 1.
For the reasons set forth above, we conclude that appellants' disclosure complies
with the enablement requirement of the first paragraph of 35 U.S.C. § 112. Accordingly,
the decision of the examiner to reject claims 1 to 9 under 35 U.S.C. § 112, first
paragraph, is reversed.
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