In re Colianni

concurring.

The issue in this case is simple: On this record, has appellant provided sufficient guidelines for one of ordinary skill in the art to practice the claimed invention without undue experimentation? See In re Stephens, 529 F.2d 1343, 188 USPQ 659 (Cust. & Pat. App. 1976).

This involves the threshold determination of which party bears the burden of proof on the issue of undue experimentation. In the recent case of In re Angstadt, 537 F.2d 498, 190 USPQ 214 (Cust. & Pat.App.1976), a majority of this court asserted that “[s]howing that the disclosure entails undue experimentation is part…