Appeal No. 97-3918 Application 08/447,901 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. Vas- Cath, 935 F.2d at 1563, 1565, 19 USPQ2d at 1116, 1118; In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983). The subject matter of the claim need not be described identically or literally for the application to satisfy the written description requirement. Kennecott Corp. v. Kyocera Int'l Inc., 835 F.2d 1419, 1422, 5 USPQ2d 1194, 1197 (Fed. Cir. 1987), cert. denied, 108 S. Ct. 1735 (1988); Wilder, 736 F.2d at 1520, 222 USPQ at 372. An application need not describe the claim limitations in greater detail than the invention warrants; it is only necessary that the description be sufficiently clear that persons skilled in the art would have recognized that the applicant made the invention having those limitations. Martin v. Mayer, 823 F.2d 500, 505, 3 USPQ2d 1333, 1337 (Fed. Cir. 1987) (citing In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976)). We agree with appellants that the original specification adequately describes "gain control" apparatus for controlling the gain gm amplifier 24A of Figure 5. As noted above, the specification - 8 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007