Appeal No. 95-0833
Application 08/161,978
recess 100 and, in conjunction with the remaining quoted
teachings at the noted specification pages 8 and 11, the
“sidemost portion” must be the right portion of recess 100 as
depicted in Fig. 6.
Although there is no explicit, plainly stated or plainly
shown teachings or suggestions in the disclosures and drawings as
filed, we agree with the inserted language at page 11, line 12,
that it would have been apparent from the drawing to the artisan
that the location of the switching mechanism or sensor in the
tape drive itself to sense what type of cartridge is present,
that the drawing would have implied to the artisan in the Fig. 6
representation, that the switch of the tape drive could be
located in the region of the corner of the cartridge either on
the front of portion 18 or on the side of portion 41 of the
cartridge itself. These findings are consistent with the
following guidance.
The manner in which the specification as filed meets the
written description requirement is not material. The requirement
may be met by either an express or an implicit disclosure. In re
Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976). An
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