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The prior art reference still has to be enabled, but the burden shifts to the Applicant to show evidence of non-enablement. Thus the only time it would be "even more difficult" for the applicant to overcome the rejection is if the applicant is unable to show such evidence. If the court had agreed with Antor, an examiner would be burdened with showing evidence that every prior art reference aplied in a rejection is enabled. This is a silly and redundant burden considering that most prior art references are patents which, by their very nature, have already passed the PTO's enablement tests.
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Jul 31, 2012