Ex parte SASAKI et al. - Page 8




          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  Next 

Last modified: November 3, 2007