Appeal No. 98-1897
Application No. 07/715,144
ornamental design for A COMPUTER DISPLAY as shown and
described.” Further, appellants amended the description of
the drawings and entered a disclaimer into the specification
regarding broken line illustrations in the drawings. Most
importantly, appellants 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.
Appellants contend that there is adequate support since
the original disclosure specified that the Keyboard Input 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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