Ex parte SHIMIZU et al. - Page 7




          Appeal No. 95-0175                                                          
          Application 07/894,147                                                      

          217 USPQ 1089, 1096 (Fed. Cir. 1983); In re Smythe, 480 F.2d                
          1376, 1382, 178 USPQ 279, 284 (CCPA 1973).                                  
               Even assuming that the examiner’s rejection is for lack of             
          written description in the specification, it cannot be sustained.           
          The examiner’s position is that claim 10 requires a "sensor" for            
          the shapes of inscribed characters and a "comparator" for the               
          stored signals and signals from the sensor.  Satisfaction of the            
          written description requirement does not require the description            
          to be in ipsis verbis antecedence in the originally filed                   
          application.  In re Lukach, 442 F.2d 967, 969, 169 USPQ 795, 796            
          (CCPA 1971).  In our view, and in the context of this case, if              
          the required sensing and comparing functions are performed, even            
          if the appellants have not used the exact words "sensor" and                
          "comparator" to describe the circuit or apparatus which performs            
          the functions, the rejection for lack of written description                
          support is without merit.                                                   
               In the specification at pages 8-9, it is stated:                       
               The arrangement is such that, when the stylus pen 15 is                
               moved on the tablet 14 across the display unit 2, a                    
               position designated by the stylus pen 15 is detected in                
               terms of x and y coordinate values. . . .                              
                         *         *         *                                        
               . . .  More specifically, after the entry of hand-                     
               written characters by the stylus pen 15 is commenced                   
               beginning from one of the character frames 17, any                     

                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007