Appeal No. 95-4373
Application 07/917,108
Examiner, we make reference to the briefs and the answer for 2 3
the details thereof.
OPINION
We will not sustain the rejection of claims 10 through 19
under 35 U.S.C. § 112, first paragraph.
"The function of the description requirement [of the first
paragraph of 35 U.S.C. 112] is to ensure that the inventor had
possession, as of the filing date of the application relied on,
of the specific subject matter later claimed by him." In re
Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976). "It is
not necessary that the application describe the claim limitations
exactly, . . . but only so clearly that persons of ordinary skill
in the art will recognize from the disclosure that appellants
2Appellant filed an appeal brief on October 19, 1994. We will refer to
this appeal brief as simply the brief. Appellant filed a supplemental appeal
brief on December 19, 1994. We will refer to this supplemental appeal brief
as the supplemental brief. Appellant filed a reply appeal brief on January
25, 1995. The Examiner's letter, paper number 24 mailed on March 15, 1995,
states that the supplemental brief has been entered and considered by the
Examiner, but the reply appeal brief has not been entered nor considered.
Appellant filed another reply appeal brief on May 28, 1997. We will refer to
this reply appeal brief as the reply brief. The Examiner responded to the
reply brief with a letter, paper number 31 mailed on July 9, 1997, stating
that the reply brief has been entered and considered by the Examiner but no
further response by the Examiner is deemed necessary.
3The Examiner mailed an Examiner's answer on November 23, 1994. In
response to our remand, the Examiner mailed another Examiner's answer on March
28, 1997. We note that the latter Examiner's answer is to replace the earlier
answer. Thus, the March 28, 1997 Examiner's answer is the only Examiner's
answer that is before us for our consideration. We will refer to the March
28, 1997 Examiner's answer as the answer.
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