Ex parte NELSON - Page 5




          Appeal No. 96-3613                                                          
          Application 08/335,496                                                      


          appellant's invention.  We, of course, fully appreciate that, as            
          a general proposition, a claim may be broader than the specific             
          embodiment disclosed in a specification.  However, an inventor is           
          entitled to claims only as broad as a disclosure will allow.  See           
          In re Rasmussen, 650 F.2d 1212, 1214, 211 USPQ 323, 326 (CCPA               
          1981).  In the present case, we, like the examiner, have                    
          determined that the claims on appeal are simply not descriptively           
          supported by the underlying original disclosure.                            
               The argument advanced by appellant in the brief (Paper No.             
          10) does not persuade us that the examiner erred in rejecting               
          appellant’s claims under 35 U.S.C. § 112, first paragraph.                  
               In support of the view that the rejection is unsound,                  
          appellant argues (brief, pages 10 and 11) that an ordinarily                
          skilled artisan would “realize” from a review of the original               
          disclosure in this application that the disclosed sealing and               
          locking relationships “could be” repositioned as a “variation” of           
          the embodiment specifically disclosed.  As is evident from our              
          analysis, supra, this is not a convincing line of reasoning for             
          overcoming the rejection before us based upon a lack of                     
          description (35 U.S.C. § 112, first paragraph).                             
               We conclude by noting that appellant has indicated that as             
          an “important feature” of the invention the door includes a                 

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