Appeal No. 95-3406
Application 07/940,016
filed with Paper No. 16, dated October 19, 1994, contain new
matter not supported by the appellant’s disclosure as originally
filed. Appellant’s depiction of the depression as it appears now
in the newly filed drawings in the top surface of the top member
adjacent the end opposite opening 43, as well as the particular
shape of the depression, is not based on any information provided
by the disclosure as originally filed. In view of the broad
language of original claim 5 which is the sole basis for the
claimed "depression", the depression could have any shape, could
be located on any of the top, bottom or side surfaces of the top
member, and could be on the end opposite opening 43 or on the end
opposite opening 44. It is readily apparent that the newly
submitted depiction of the casing and the depression with its
particular shape and location constitutes new matter that is not
supported by anything in the specification as originally filed.
Since the claims must be interpreted in light of the disclosure,
it is also clear that appealed claim 8 is drawn to this new
matter and hence is based on a disclosure that fails to comply
with the written description requirement of 35 U.S.C. § 112.
Moreover, the metes and bounds of appealed claim 8 cannot be
adequately determined since an understanding of the term
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