Appeal No. 2004-0576 Page 7
Application No. 10/087,374
seismic survey, the examiner has not met his burden of proof by advancing acceptable
reasoning sufficient to establish that the appellants' disclosure would not have enabled
a person of such skill to make and use the claimed invention without undue
experimentation considering the level of ordinary skill in the art.
Since the examiner has not met the initial burden to establish a reasonable basis
to question the enablement provided for the claimed invention for the reasons set forth
above, the decision of the examiner to reject claims 1 to 11 under 35 U.S.C. § 112, first
paragraph, is reversed.
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