Appeal No. 96-1904
Application 08/164,854
The description requirement is separate and distinct
from the enablement requirement. That one skilled in the art
might realize from reading a disclosure that something is
possible is not a sufficient indication to that person that
the something is part of an appellant's invention. See In re
Barker, 559 F.2d 588, 591, 194 USPQ 470, 472 (CCPA 1977),
cert. denied, 434 U.S. 1064 (1978). 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 claim language.
Further, the content of the drawings may also be considered in
determining compliance with the written description
requirement.
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