Appeal No. 96-1902
Application No. 08/156,679
35 U.S.C. § 112, first paragraph, requires a
"written description of the invention" which is
separate and distinct from the enablement
requirement. The purpose of the "written
description" requirement is broader than to merely
explain how to "make and use"; the applicant must
also convey with reasonable clarity to those skilled
in the art that, as of the filing date sought, he or
she was in possession of the invention. The
invention is, for purposes of the "written
description" inquiry, whatever is now claimed.
. . . drawings alone may be sufficient to
provide the "written description of the invention"
required by § 112, first paragraph.
Here, the examiner believes that there is no adequate
descriptive support in the original disclosure for the
recitation of "controlling a cyclic flow of respiratory gas
supplied to a patient" as set forth in independent claim 11,
apparently because "not all ventilation techniques are cyclic"
(see answer, page 3). In our view, however, adequate
descriptive support for the limitation in question may be
found on page 5, line 28, through page 6, line 21, of the
specification. Note in particular the reference to "a
complete respiratory cycle," "period of inspiration and the
period of expiration whilst observing the idle times" and "the
end of the expiration cycle" on page 6 of the specification.
The answer also states that:
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