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In re Glass

492 F.2d 1228 (1974)

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In re Glass

United States Court of Customs and Patent Appeals

492 F.2d 1228 (1974)

Facts

Glass (plaintiff) filed a patent application for a method and apparatus for producing long, needle-like crystals used for reinforcing refractory material. The specification disclosed precipitating the crystals, known as whiskers, from a whisker-producing vapor achieved by mixing ingredients identified only as A, B, C, and D in a heated chamber and then passing them to a precipitating zone, where a temperature gradient was introduced and pressure added for optimum supersaturation. The method also disclosed firing electrons into the vapor in the precipitating zone, but not as to why. The method did not disclose any temperature, pressure, or vapor-saturation conditions, although all were admittedly necessary for the precipitation. An examiner rejected all claims under the 35 U.S.C. § 112 enablement requirement for failure to disclose critical parameters and its best-mode requirements for failure to provide any specific example. The board affirmed the examiner’s rejection on all but one ground for incomplete disclosure. Glass appealed.

Rule of Law

Issue

Holding and Reasoning (Rich, J.)

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