Ex parte SHARPES et al. - Page 4




          Appeal No. 96-0396                                                          
          Application 08/091,953                                                      



          reasonably conveys to the artisan that the inventor had posses-             
          sion at that time of the later claimed subject matter, rather               


          than the presence or absence of literal support in the specifica-           
          tion for the claim language under consideration.  Further, it is            
          also well settled that the content of the drawings may be consid-           
          ered in determining compliance with the written description                 
          requirement.  See Wang Lab. Inc. v. Toshiba Corp., 993 F.2d 858,            
          865, 26 USPQ2d 1767, 1774 (Fed. Cir. 1993); Vas-Cath Inc. v.                
          Mahurkar, 935 F.2d 1555, 1564, 19 USPQ2d 1111, 1117 (Fed. Cir.              
          1991).  See also In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ                
          1089, 1096 (Fed. Cir. 1983).                                                


                    The examiner has taken the position, that appellants              
          set forth that the DC to DC converters in the specification,                
          as originally filed, operated to lower both the DC voltage                  
          and current.  The originally filed specification (page 8,                   
          lines 5-10) does appear to indicate, or at least imply, that                
          both the voltage and current were to be lowered by the DC to DC             
          converters.  However, one of ordinary skill in the art would have           
          recognized that the power input to a DC to DC converter must                
          equal the power leaving the DC to DC converter, minus the losses            
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007