Appeal No. 2002-2169 Page 8
Application No. 09/163,286
written description requirement." Union Oil Co. of California v. Atlantic Richfield Co.,
208 F3d 989, 998 n.4, 54 USPQ2d 1227, 1234 n.4 (Fed. Cir. 2000) (citing In re
Gardner, 480 F.2d 879, 880, 178 USPQ 149 (CCPA 1973)).
Here, the originally filed claims disclose the limitations at issue. More
specifically, originally filed claim 6 discloses that "the step of measuring said time phase
difference includes observations of a plurality of phase differences observed by said
electronic distance meter at a plurality of out-bound and in-bound signal frequencies."
For its part, originally filed claim 12 discloses "a phase measurement device . . .
providing for a measurement of the difference in time between said out-bound signal
and said reflected signal from which a distance-to-target measurement can be
computed after using said determination of said frequency offset in software to correct
for errors. . . ." Therefore, we reverse the written description rejection of claims 6 and
12.
Nonenablement Rejections of Claims 6 and 12
We address the two points of contention between the examiner and the
appellants. First, the examiner asserts, "[r]egarding claim 6, the specification is non-
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