Appeal No. 2002-0652
Application No. 08/465,072
argued (Brief, page 56, and Reply Brief, pages 22-23) that "there
is significant verbatim and literal claim terminology in the
disclosure." The examiner does not require in haec verba
(verbatim) support for the claimed subject matter at issue. The
examiner properly requires appellant to show written description
support for the claim limitation as a whole and not just for
isolated words of the limitation spread out over the
specification.
Appellant argues (Supplemental Appeal Brief, pages 21-30,
and Reply Brief, pages 6-7 and 83) that the examiner's rejections
are not supported by "substantial evidence." "Substantial
evidence" is the standard of review that the U.S. Court of
Appeals for the Federal Circuit applies to the Board's factual
findings, see In re Gartside, 203 F.3d 1305, 1315, 53 USPQ2d
1769, 1775 (Fed. Cir. 2000), not to the Board's review of the
examiner's findings, as argued by appellant. We review the
examiner's findings based on the evidence in the examiner's
rejection and appellant's arguments about the errors in the
rejection as required by 37 C.F.R. § 1.192(c)(8). However, we
are not precluded from relying on other evidence from our own
review of the record since it is the facts in our decision that
will be reviewed for "substantial evidence."
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007