Appeal No. 95-0833
Application 08/161,978
invention claimed need not be described in ipsis verbis in order
to satisfy the written description requirement of 35 U.S.C.
§ 112, first paragraph. In re Lukach, 442 F.2d 967, 969, 169
USPQ 795, 796 (CCPA 1971). The question is not whether an added
word was the word used in the specification as filed, but whether
there is support in the specification for the employment of the
word in the claims, that is, whether the concept is present in
the original disclosure. See In re Anderson, 471 F.2d 1237,
1244, 176 USPQ 331, 336 (CCPA 1973).
When the subject matter of claim 10 is considered as a
whole, the claimed tape drive is only passively claimed. What is
positively claimed and disclosed is a cartridge to be placed into
a suitable tape drive. What is positively recited in clause b of
claim 10 is that the second indicator opening extends around a
corner from the front to the side of the tape cartridge. Such is
clearly shown in Fig. 6 as indicated earlier. The location of
the sensor or switches in the tape drive itself, which again is
passively claimed in claim 10, is not shown in Fig. 6 but
discussed only in a general manner in the specification as filed.
Thus, the other question language of the examiner of clause b of
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