Appeal No. 95-3623
Application 07/714,407
would result in insufficient wettability or
defoamability and an amount larger than 5% by weight
would spoil smoothness of pattern shapes.”] is neither
recited nor exemplified by the specification with
respect to the combination of an acetylenic surface
active agent and a quaternary ammonium surface active
agent. Therefore, it would not be readily apparent
from the disclosure to persons of ordinary skill in the
art to interpret the recitation “the surface active
agent may be used in an amount of from 0.01 to 5% by
weight” at page 10, lines 8-9 as reciting that the
acetylenic alcohol surface active agent and a
quaternary ammonium salt surface active agents [sic,
agent] are “collectively present in an amount of 0.01
to 5.0% by weight” (emphasis added).
In order for appellants’ specification to provide written
descriptive support for the invention presently claimed, all that
is required is that it reasonably convey to one of ordinary skill
in the art that as of the filing date of the application,
appellants were in possession of the presently-claimed invention;
how the specification accomplishes this is not material. See In
re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir.
1983); In re Edwards, 568 F.2d 1349, 1351-2, 196 USPQ 465, 467
(CCPA 1978); In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96
(CCPA 1976). It is not necessary that the application describe
the presently-claimed invention exactly, but only sufficiently
clearly that one of ordinary skill in the art would recognize
from the disclosure that appellants invented it. See Edwards,
568 F.2d at 1351-2, 196 USPQ at 467; Wertheim, 541 F.2d at 262,
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