Appeal No. 96-0706
Application 08/185,756
177, 180 (Fed. Cir. 1985), the trial court admitted
expert testimony about known industry standards
regarding temperature and pressure in "the art of
extrusion of both farinaceous and proteinaceous
vegetable materials." The effect of the testimony was
to expand the breadth of the actual written description
since it was apparent that the inventor possessed such
knowledge of industry standards of temperature and
pressure at the time the original application was
filed.
In re Alton, 76 F.3d at 1175-76, 37 USPQ2d at 1583-84.
In the present case, we think that the preponderance of the
evidence before us supports the appellants’ view that a person of
ordinary skill in the art would have understood the inventor to
have been in possession of the claimed invention at the time of
filing. As the court pointed out in Alton, there is no
requirement that every nuance of the claims be explicitly
described in the specification. That being the case, the
decision of the examiner must be reversed.
REVERSED
)
BRUCE H. STONER, JR., Chief )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
WILLIAM E. LYDDANE )
Administrative Patent Judge ) APPEALS AND
)
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