Appeal No. 98-1694
Application 07/715,261
the claim to read, “The ornamental design for A COMPUTER
DISPLAY as shown and described.” Further, appellant amended
the description of the drawings and entered a disclaimer into
the specification regarding broken line illustrations in the
drawings. Most importantly, appellant amended the drawings to
show broken lines around the original depiction of the icon.
The examiner contends that such amendments constitute new
matter and that there is no support in the original disclosure
for that which is now claimed, within the meaning of the
written description requirement of 35 U.S.C. § 112, first
paragraph.
Appellant contends that there is adequate support since
the original disclosure specified that the Access Control Icon
is “for a computer display” and that the original disclosure
of a “computer display” should constitute adequate support for
that which is now claimed.
We agree with the examiner [answer-page 5] that the mere
mention of a “computer display” could “mean a multiplicity of
visual representations--a three dimensional computer monitor,
a display on a photocopier, a display on a dashboard of an
automobile, a display on an automatic teller machine, a narrow
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