Appeal 2007-1459
Application 10/204,413
larger than 0.25, a gear ratio within the range of 2.5 to 5 or a helical angle
within the range of 35 degrees to 70 degrees.
Wildhaber discloses a hypoid gear having two gears each with tooth
surfaces that are circular (Wildhaber 5:86-98). Wildhaber does not disclose
a hypoid gear with a tooth surface that is an involute helicoid.
DISCUSSION
Enablement
At the outset, we note that an analysis of whether claim 11 under
appeal is 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, 8 USPQ2d 1217, 1223 (Fed. Cir. 1988), cert. denied, 490 U.S.
1046 (1989); In re Stephens, 529 F.2d 1343, 1345, 188 USPQ 659, 661
(CCPA 1976).
In order to make a rejection, the examiner has the initial burden to
establish a reasonable basis to question the enablement provided for the
claimed invention. See In re Wright, 999 F.2d 1557, 1561-62, 27 USPQ2d
1510, 1513 (Fed. Cir. 1993) (examiner must provide a reasonable
explanation as to why the scope of protection provided by a claim is not
adequately enabled by the disclosure). A disclosure which contains a
teaching of the manner and process of making and using an invention in
5
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: September 9, 2013