Appeal 2007-1883
Application 10/469,203
1 which are provided to enable wear to be taken up by the set screw joint. See p. 1,
2 ll. 38-43.
3 Gonzales discloses a self adjusting orthopedically correct saddle with side
4 bars 54´´ and a seat portion 74´. The seat portion has a bridge in generally the
5 medial portion of the saddle. Gonzales has been cited by the Examiner to teach the
6 girth mounting plates 106, suspension element 38, and stirrup mounts 36, 136.
7 Finally, Pellew has been cited for the adjustable brace structure disclosed therein
8 with the adjustability being provided by a barrel screw connector as show in Fig. 1.
9 PRINCIPLES OF LAW
10 Whether a specification complies with the written description requirement of
11 35 U.S.C. § 112, first paragraph, is a question of fact. Regents of Univ. of Cal. v.
12 Eli Lilly and Co., 119 F.3d 1559, 1566, 43 USPQ2d 1398, 1404 (Fed. Cir. 1997),
13 cert. denied, 523 U.S. 1089 (1998)(citing Vas-Cath Inc. v. Mahurkar, 935 F.2d
14 1555, 1563, 19 USPQ2d 1111, 1116 (Fed. Cir. 1991)). “To fulfill the written
15 description requirement, a patent specification must describe an invention and do
16 so in sufficient detail that one skilled in the art can clearly conclude that “the
17 inventor invented the claimed invention.” Id. citing Lockwood v. American
18 Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (1997) and In re
19 Gosteli, 872 F.2d 1008, 1012, 10 USPQ2d 1614, 1618 (Fed. Cir. 1989) (“[T]he
20 description must clearly allow persons of ordinary skill in the art to recognize that
21 [the inventor] invented what is claimed.”). Thus, an applicant complies with the
22 written description requirement “by describing the invention, with all its claimed
23 limitations, not that which makes it obvious,” and by using “such descriptive
24 means as words, structures, figures, diagrams, formulas, etc., that set forth the
25 claimed invention.” Id. citing Lockwood, 107 F.3d at 1572, 41 USPQ2d at 1966.
4
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