Appeal No. 95-4065
Application No. 07/872,185
the written description and enablement requirements with
regard to the examiner’s rejection.
WRITTEN DESCRIPTION
To meet the written description requirement of § 112,
appellants must convey with reasonable clarity to those
skilled in the art that, as of the filing date sought,
appellants were in possession of the invention as now claimed.
Vas-Cath Inc. v. Mahurkar, 935 F.2d at 1563, 19 USPQ2d at
1117. In rejecting a claim under the first paragraph of §
112, it is incumbent upon the examiner to establish by
evidence or reasoning that the originally-filed disclosure
would not have reasonably conveyed to one having ordinary
skill in the art that appellants had possession of the now
claimed subject matter. In re Alton, 76 F.3d 1168, 1175, 37
USPQ2d 1578, 1583 (Fed. Cir. 1996).
In the record before us, the examiner has not presented
any evidence or reasoning to establish that an artisan would
not recognize in the application disclosure a description of
the now claimed subject matter. The claimed subject matter is
described almost verbatim in the disclosure at page 5, lines
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