Appeal No. 95-2855
Application 08/075,338
control means [answer, page 4]. A rejection on this basis is
directed to the written description requirement of the first
paragraph of 35 U.S.C. § 112.
The purpose of the written description requirement is to
ensure that the applicant conveys with reasonable clarity to
those skilled in the art that he was in possession of the
invention as of the filing date of the application. For the
purposes of the written description requirement, the invention is
"whatever is now claimed." Vas-cath, Inc. v. Mahurkar, 935 F.2d
1555, 1564, 19 USPQ2d 1111, 1117 (Fed. Cir. 1991). It is the
position of the examiner that the original specification supports
the reading of a single frame of data from one of the storage
areas of the memory means, but the original specification does
not support the sequential reading of frames of data from the
single storage area as now recited in the claims. Appellant
argues that there is clear support in the original specification
for this claimed operation. We agree with appellant on this
issue for the reasons which follow.
The invention is described as an improvement on the
conventional technique for synchronizing playback of a VTR to a
desired frame of the recorded video signal. In the prior art a
tape is driven to the vicinity of the desired location, is caused
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