Appeal 2007-1827
Application 10/001,324
467 (CCPA 1978); In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA
1976).
The claim limitation “without regard to whether or not the first transmission
and the second transmission would be temporarily set in a speed stage outside a
range between the origin speed stage and the requested destination speed stage
when moving from the origin speed stage to the requested destination speed stage”
was added in an amendment (filed Jan. 24, 2005) wherein the Appellant did not
point out where adequate written descriptive support for that limitation appears in
the Appellant’s original disclosure. Nor do we find where the Appellant’s original
disclosure would have conveyed with reasonable clarity to those skilled in the art
that, as of the Appellant’s filing date, the Appellant was in possession of the
subject matter set forth in that limitation. Accordingly, claims 1-7, 13-28, and 34-
38 are rejected under 35 U.S.C. § 112, first paragraph, written description
requirement.
DECISION
The rejections under 35 U.S.C. § 103 of claims 1-7, 13, 18, 20-28, and 34
over Ethington in view of Browning, claims 14-16 and 35-37 over Ethington in
view of Browning and Colbert, and claims 17, 19, and 38 over Ethington in view
of Browning and Spencer are reversed. A new ground of rejection of claims 1-7,
13-28, and 34-38 has been entered.
This decision contains a new ground of rejection pursuant to 37 C.F.R.
§ 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960 (August 12, 2004),
1286 Off. Gaz. Pat. Office 21 (September 7, 2004)). 37 C.F.R. § 41.50(b) provides
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