Appeal 2006-3161
Application 10/687,228
1 outer elbow portions are formed of mesh material. In fact, Kratz discloses
2 that the outer elbow is formed of natural or artificial leather and may be
3 provided with reinforcing patches (Figure 3; col. 3, ll. 27 to 28; col. 7, ll. 12
4 to 18).
5 PRINCIPLES OF LAW
6 An analysis of whether the claims under appeal are supported by an
7 enabling disclosure requires a determination of whether that disclosure
8 contains sufficient information regarding the subject matter of the appealed
9 claims as to enable one skilled in the pertinent art to make and use the
10 claimed invention. The test for enablement is whether one skilled in the art
11 could make and use the claimed invention from the disclosure coupled with
12 information known in the art without undue experimentation. See United
13 States v. Telectronics, Inc., 857 F.2d 778, 785, 8 USPQ2d 1217, 1223 (Fed.
14 Cir. 1988),cert. denied, 109 S.Ct. 1954 (1989); In re Stephens, 529 F.2d
15 1343, 1345, 188 USPQ 659, 661 (CCPA 1976).
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