Appeal No. 2000-0027 Page 7
Application No. 09/072,190
invention defined by the claims. See In re Wertheim, 541 F.2d
257, 265, 191 USPQ 90, 98 (CCPA 1976); Ex parte Sorenson, 3
USPQ2d 1462, 1463 (Bd. Pat. App. & Inter. 1987).
The examiner determined (answer, p. 5) that the written
description on page 17 of the originally filed application
fails to provide written description of the "95 to .5 percent
by weight aggregate" recited in claim 12.
The appellant argues (brief, p. 4) that the table called
"Rate" on originally filed page 17 provides the required
support for the claimed "95 to .5 percent by weight
aggregate." Moreover, the appellant argues (reply brief, pp.
2-3) that the range of 0% to 95% aggregate in the table called
"Rate" on originally filed page 17 supports the narrower range
claimed (i.e., 95 to .5 percent by weight aggregate) for the
reasons set forth in Wertheim.
It is our opinion that the claimed language in dispute
(i.e., 95 to .5 percent by weight aggregate) is described in
the original disclosure for the reasons set forth by the
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