Appeal No. 96-4081
Application 08/417,333
stand rejected under 35 U.S.C. § 112, first paragraph, for the
reasons set forth in the objection to the specification.
Rather than reiterate the arguments of Appellant and
the Examiner, reference is made to the briefs and answer for 2
the respective details thereof.
OPINION
We will not sustain the rejection of claims 1
through 11 under 35 U.S.C. § 112, first paragraph.
"The function of the description requirement [of the
first paragraph of 35 U.S.C. § 112] is to ensure that the
inventor had possession, as of the filing date of the applica-
tion relied on, of the specific subject matter later claimed
by him." In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96
(CCPA 1976). "It is not necessary that the application de-
scribe the claim limitations exactly, . . . but only so
clearly that persons of ordinary skill in the art will
2Appellant filed an appeal brief on August 8, 1996.
Appellant filed a reply brief on August 28, 1996. The Exam-
iner mailed a communication on September 13, 1996 which states
that the reply brief has been entered and considered but no
further response by the Examiner is deemed necessary.
3
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