Ex parte SHICHIJO et al. - Page 6




          Appeal No. 95-4761                                                          
          Application No. 08/012,781                                                  


          F.2d 257, 262, 191 USPQ 90, 96 (CCPA 1976).  "It is not                     
          necessary that the application describe the claim limitations               
          exactly, . . . but only so clearly that persons of ordinary                 
          skill in the art will recognize from the disclosure that                    
          appellants invented processes including those limitations."                 
          Wertheim, 541 F.2d at 262, 191 USPQ at 96 citing In re Smythe,              
          480 F.2d 1376, 1382, 178 USPQ 279, 284 (CCPA 1973).                         
          Furthermore, the Federal Circuit points out that "[i]t is not               
          necessary that the claimed subject matter be described                      
          identically, but the disclosure originally filed must convey                
          to those skilled in the art that applicant had invented the                 
          subject matter later claimed."  In re Wilder,                               
          736 F.2d 1516, 1520, 222 USPQ 369, 372 (Fed. Cir. 1984), cert.              
          denied, 469 U.S. 1209 (1985), citing In re Kaslow, 707 F.2d                 
          1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983).                           
          In the Examiner’s view (Answer, page 3), the grid                           
          described at page 8 of the specification and illustrated in                 
          Figure 3 of the drawings does not have non-intersecting lines               
          as recited in claim 17.  We agree with the Examiner that each               
          of the lines 500 and 502, although identified by Appellants’                
          specification as non-intersecting relative to each other, are               
                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007