Appeal No. 96-2274
Application No. 08/291,354
they are not precluded from encompassing other embodiments in
the broadest aspects of their claimed invention.
We agree with Appellants that they are not precluded from
claiming in such a way as to encompass other embodiments,
however, we do not have to reach this holding for this issue
here. We note on page 18 of the originally-filed
specification the following is found:
The preceding discussion has assumed that the
transmitting and receiving functions are combined in
a single waveguide. This is the preferred
embodiment of the present invention. However, it
would be possible to implement the present invention
with separate transmitter and receiver which
determines the phase shift of the reflected signal
with respect to the transmitted signal.
From this description, we find that Appellants did have
possession, as of the filing date of the application relied
on, of the specific subject matter later claimed by them.
Thus, we will not sustain the rejection on the basis of
written description.
Now, we will turn to the rejection based upon enablement.
In order to comply with the enablement provision of 35 U.S.C.
8
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