Appeal No. 96-3923
Application 08/309,790
preliminary amendment (Paper No. 15) filed concurrently with
the instant continuation-in-part application amended page 5 4
of the specification to state that the sensations created by
the irritant are
sufficient to simulate those created by
tobacco smoke to reduce the need of the
user to smoke tobacco but insufficient to
create a gross bronchoconstrictor response
in the user.
Thus, taken as a whole, the appellants' specification contains
a teaching that the above-noted amounts of irritant set forth
on pages 9 and 10 are sufficient to simulate sensations
created by tobacco smoke but insufficient to create a gross
bronchoconstrictor response in a user. As the court in In re
Marzocchi, 439 F.2d 220, 223, 169 USPQ 367, 369 (CCPA 1971)
stated
a specification disclosure which contains a
teaching of the manner and process of
making and using the invention in terms
which correspond in scope to those used in
4 See Manual of Patent Examining Procedure (MPEP) § 608.04(b) (6th ed., Rev. 3,
Jul. 1997): "An amendment which adds additional disclosure filed with a request for a
continuation-in-part application under 37 CFR 1.62 is automatically considered a part of
the original disclosure of the application by virtue of the rule."
8
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