Appeal No. 1997-0820
Application No. 08/364,541
19 USPQ2d 1111, 1116 (Fed. Cir. 1991). To make this
evaluation it must be determined whether the concept embodied
by the new language is present in the original specification.
In re Anderson, 471 F.2d 1237, 1244, 176 USPQ 331, 336 (CCPA
1973).
Based on the facts of the present case, our reading of
the original specification brings us into agreement with
appellant that the original specification, considered in its
entirety as a whole, reasonably conveys to one of ordinary
skill in the art the concept that the method of densifying
expanded thermoplastic material is performed by agitating
confined particles of thermoplastic material without the
injection of external heat. In our view, the original
specification conveys that the whole point of the present
invention is to avoid the costly prior art process of
utilizing external heat which consumes tremendous amounts of
energy and is, therefore, not commercially viable (page 2 of
specification, lines 17-22).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
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