Appeal No. 2000-0330 Page 11
Application No. 08/684,871
III. New Ground of Rejection
Under 37 C.F.R. § 1.196(b)(2001), we enter a new ground of
rejection against claims 18-37. "’Although [the applicant] does
not have to describe exactly the subject matter claimed, . . .
the description must clearly allow persons of ordinary skill in
the art to recognize that [he or she] invented what is claimed.’"
Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563, 19 USPQ2d 1111,
1116 (Fed. Cir. 1991)(quoting In re Gosteli, 872 F.2d 1008, 1012,
10 USPQ2d 1614, 1618 (Fed. Cir. 1989)). "[T]he test for
sufficiency of support . . . is whether the disclosure of the
application relied upon 'reasonably conveys to the artisan that
the inventor had possession at that time of the later claimed
subject matter.'" Ralston Purina Co. v. Far-Mar-Co, Inc., 772
F.2d 1570, 1575, 227 USPQ 177, 179 (Fed. Cir. 1985)(quoting In re
Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir.
1983)). “Application sufficiency under §112, first paragraph,
must be judged as of the filing date [of the application].” Vas-
Cath, 935 F.2d at 1566, 19 USPQ2d at 1119 (citing United States
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