Appeal No. 2001-2557
Application No. 08/888,996
grid and specific trade named examples and that . . . [i]t is not
clear that intermediate sub groups are apparent from a [sic, an]
overall disclosed genus and specific species” (page 7 of answer,
first paragraph).
In essence, we understand the examiner’s position to be that
the disclosure of certain species does not provide descriptive
support for the variety of genus specified in claim 10. However,
we note that appellant’s original specification and original
claims describe an even broader genus of metals that are
incorporated in the ceramic matrix. In particular, the original
specification discloses
[t]he ductile tough solid electrolyte ceramic composite
employed in the practice of the present invention
comprises a regular, ordered, continuous, repeating
array of ductile intersupported or interconnected,
metallic fibers in intimate contact with the ceramic
matrix so as to be substantially surrounded or embedded
within it and supporting the matrix (sentence bridging
pages 3 and 4, emphasis added).
Likewise, original claim 1 recites a “repeating ductile metallic
array.” Accordingly, we find that appellant’s original
specification would have related to one of ordinary skill in the
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