Appeal No. 2004-0910
Application No. 09/756,632
respective positions articulated by the appellant and the
examiner. As a consequence of our review, we make the
determinations which follow.
We turn first to the examiner’s rejection under 35 U.S.C.
§ 112, first paragraph. It is the view of the examiner that
the specification does not contain a description that enables
one skilled in the art to make and/or use the invention. The
examiner states:
The specification does not enable the
applicant’s claim limitations directed to the
“providing” and “positioning” of a tactile
cue just prior to gripping the firearm [page
4].
An analysis of whether the claims under appeal are supported
by an enabling disclosure requires a determination of whether
that disclosure contained sufficient information regarding the
subject matter of the appealed claims as to enable one skilled
in the pertinent art to make and use the claimed invention. The
test for enablement is whether one skilled in the art could make
and use the claimed invention from the disclosure coupled with
information known in the art without undue experimentation.
See United States v. Telectronics, Inc., 857 F.2d 778, 785,
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