Appeal 2006-3268
Application 10/479,696
claim contains subject matter which was not described in the
Specification in such a way as to enable one skilled in the art to which
is pertains, or with which it is most nearly connected, to make and/or
use the invention.
2. Claims 13-19 and 21-30 are rejected under 35 U.S.C. § 102(e) as
being unpatentable over Hofmann.
Rather than reiterate the respective positions advocated by the
Appellant and by the Examiner concerning these rejections, we refer to the
Brief and the Reply Brief, and to the Answer respectively for a complete
exposition thereof.
Appellant separately argues claims 13, 20, 21, 22, 25, and 26.
Accordingly, we address those claims in our opinion below.
OPINION
35 U.S.C. § 112, 1st ¶: FAILURE TO COMPLY WITH THE
ENABLEMENT REQUIREMENT
Claim 20, which ultimately depends on claim 13, requires that the
claim 13 “means for regulating a pressure” includes a relief valve having “a
pneumatic connection, the pressure recording element has an additional line
connected to the relief valve, and the additional line is connected to the
pneumatic connection.”
The Examiner rejected claim 20 under § 112, 1st ¶, as failing to
comply with the enablement requirement. The Examiner stated that
Appellant’s claim 13 only encompasses Appellant’s Figure 2 embodiment
(i.e., the electrical pressure sensor embodiment), which does not have a
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