Appeal No. 96-0654
Application 08/103,207
which is used to compensate for the time differences of the
picture signals stored in memory. The Examiner argues that
Appellant's specification fails to describe a procedure, an
algorithm or a means for compensating for time differences.
The Examiner argues that the specification does not clearly
present interpolation as functioning according to the
recognized definition of the term.
"The function of the description requirement [of the
first paragraph of 35 U.S.C. 112] is to ensure that the
inventor had possession, as of the filing date of the
application relied on, of the specific subject matter later
claimed by him." In re Wertheim, 541 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
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