Appeal No. 97-1585
Application No. 08/397,514
applicable to all other embodiments of the
invention. Therefore, the other embodiments of
using more than one element per pixel would be
included as a possible combination use with the
method of pulse width modulation on page 23.
Reference is made to the brief (paper number 13) and the
answer for further detailed positions of the appellants and
the examiner.
OPINION
The written description portion of the first paragraph of
35 U.S.C. § 112 would be satisfied if appellants can prove
with a reasonable degree of clarity that, as of the filing
date, they had possession of the now-claimed subject matter.
Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d
1111, 1117 (Fed. Cir. 1991).
Turning to appellants’ specification for an understanding
of the disclosed and claimed invention, we find written
description support for "controlling individual elements of a
pixel to control the gray scale of that pixel" (Answer, page
4).
Appellants disclose (specification, page 16) that the
computer 59 controls each mirror element 58 (Fig. 2a), and
that "[t]hese mirror elements are switched between the 'on'
4
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