Appeal No. 2006-0028
Application No. 10/435,858
change over time it is necessary for the applicant to
provide the law and clearly show what is being claimed
and how the vehicle is to accomplish the method being
claimed. Also a list of items that are included in the
law is needed in the specification. For all of the above
reasons the specification must clearly set forth the
invention and how it is functioning in accordance to the
method claimed [answer, pages 3-4].
The examiner has not cogently explained, however, and it is
not apparent in this case involving relatively predictable
mechanical subject matter, why the appellant’s disclosure,
notwithstanding its lack of explicit detail as to the particular
construction of the wing-in-ground craft and the exact manner in
which it is equipped to haul dangerous goods, would not have
enabled a person of ordinary skill in the art to make and use the
claimed invention without undue experimentation.
Moreover, the appellant’s specification and claim are not as
broad as the examiner seems to think. The specification formally
defines the terms “wing-in-ground craft” and “dangerous goods” by
referring to publications which ostensibly were publically
available as of the May 12, 2003 filing date of the instant
application. With regard to “wing-in-ground craft,” the
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