Ex parte PARADA - Page 7




          Appeal No. 97-1025                                                          
          Application No. 08/183,571                                                  


                                The description issue                                 
               The rejection of claims 22 and 24 under 35 U.S.C.  112,               
          first paragraph, is sustained, but not the rejection of claims 1,           
          2, 5, 12 to 15, 21, 23, 25 to 29 and 37.                                    


               The test for determining compliance with the written                   
          description requirement is whether the disclosure of the                    
          application as originally filed reasonably conveys to the artisan           
          that the inventor had possession at that time of the later                  
          claimed subject matter, rather than the presence or absence of              
          literal support in the specification for the claim language.                
          Further, the content of the drawings may also be considered in              
          determining compliance with the written description requirement.            
          See Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555, 19 USPQ2d 1111,               
          1116 (Fed. Cir. 1991) and In re Kaslow, 707 F.2d 1366, 217 USPQ             
          1089, 1096 (Fed. Cir. 1983).                                                


               The following items were determined by the examiner as not             
          being supported by the originally filed disclosure: (1)"said                
          recesses have various predetermined shapes identifying                      
          corresponding control means" as recited in claim 22; (2) "each              
          said at least one open at one side recess contains more than one            

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