Appeal No. 94-0166 Application No. 07/815,316 (CCPA 1977), cert. denied, 434 U.S. 1064, 197 USPQ 271 (1978). Moreover, as the court stated in In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983): 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 claimed language. The content of the drawings may also be considered in determining compliance with the written description requirement. (citations omitted) Precisely how close the original description must come to the actual claim language to comply with the description requirement must be determined on a case-by-case basis. Here, both the specification and the appealed claims indicate that a gate electrode includes a conducting structure, insulating (dielectric) sidewalls 11 and an insulating top layer 9. See specification, page 2, lines 4-5, in conjunction with the preamble of claim 1. As correctly found by the examiner, Figure 1, one of the application drawings, shows a conforming dielectric layer 13 contacting insulation layers 9 and 11, which are part of a gate electrode. The specification also states that “[a] layer of a conformal dielectric is deposited over the surface of the substrate and the gate electrodes. . . .” 7Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007