Appeal No. 2006-2457
Application No. 10/358,831
that counteracts the applied actuation force and couple such spring members to
the anchor. Making or using such spring arms -- simple flexible mechanical
components whose structure and function is clearly shown and described --
would not require undue experimentation, but rather falls well within the level of
skilled artisans (electrical or mechanical engineers with substantial industry
experience). Furthermore, selecting the type of material and thickness for the
spring arms would also have been well within the level of skilled artisans to
achieve a desired flexibility. In view of the straightforward mechanical
attachment suggested by the drawings, we see no reason why the skilled artisan
would not utilize conventional mechanical attachment methods to couple the
flexible spring member to the anchor and suspension.
“[A] patent disclosure need not enable information within the knowledge of
an ordinarily skilled artisan. Thus, a patentee preferably omits from the
disclosure any routine technology that is well known at the time of application.”
Chiron Corp. v. Genentech, Inc., 363 F.3d 1247, 1254, 70 USPQ2d 1321, 1325
(Fed. Cir. 2004).
Significantly, the examiner has not provided sufficient evidence and
reasons on this record why the skilled artisan must unduly experiment to make or
use the invention. Even assuming that some experimentation would be required
to achieve the appropriate biasing force provided by the spring member, the
examiner has simply not established that such experimentation would be undue.
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