LIM et al. V. CAVENEY et al. - Page 7




          Interference No. 103,987                                                    



          matter under section 112, first paragraph.  The second part of              
          Lim’s showing is that it has understandably taken the courts                
          and the bar some time to come to recognize the true                         
          significance of the analysis as set forth in Gentry.  This                  
          period of time, the argument goes, should excuse the junior                 
          party’s delay in filing the motion for judgment.                            
                    In the second part of this opinion, we do not find                
          it necessary to decide whether Gentry is a substantive                      
          departure in the law regarding the written description                      
          requirement, since we are of the view that the facts in this                
          interference and the Gentry case, as explained hereinbelow,                 
          are entirely different.  Therefore, if we assume for the4                                                    
          purpose of the motion under     37 CFR § 1.645 that Gentry did              
          effect a substantive change in the law, is some period of                   




               4    Additionally, it is apparent that the Federal                     
          Circuit is taking pains to emphasize that Gentry fits within                
          the legal framework of the existing law on descriptive                      
          support.  See  Reiffen v. Microsoft Corp., Case No. 098-1502,               
          decided June 5, 2000, wherein the majority opinion discusses                
          written description with respect to prior case law, and the                 
          concurring opinion carefully places Gentry in the context of                
          this law.                                                                   
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