Appeal No. 98-1692
Application No. 07/715,145
Unfortunately for appellants, Strijland was decided after
the filing of this application. So, in a valiant effort to
comply with Strijland and the Guidelines, appellants amended
the claim to read, “The ornamental design for A COMPUTER
DISPLAY as shown and described.” Further, appellants amended
the description of the drawings and entered a disclaimer into
the specification regarding broken line illustrations in the
drawings. Most importantly, appellants amended the drawings
to show broken lines around the original depiction of the
icon.
The examiner contends that such amendments constitute new
matter and that there is no support in the original disclosure
for that which is now claimed, within the meaning of the
written description requirement of 35 U.S.C. § 112, first
paragraph.
Appellants contend that there is adequate support since
the original disclosure specified that the Merge Icon is “for
a computer display” and that the original disclosure of a
LIKE.” The examiner withdrew this rejection in light of
appellants’ amendment of January 22, 1997.
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