Appeal No. 96-3886
Application 08/275,091
Claim 28 is rejected under 35 U.S.C. § 112, first
paragraph, as being based on a disclosure that fails to
provide descriptive support for the invention as now claimed.
With respect to the description requirement found in the
first paragraph of 35 U.S.C. § 112,
[t]he test for determining compliance with the
written description requirement is whether the
disclosure of the application as originally filed
reasonably conveys to the artisan that the inventor
had possession at that time of the later claimed
subject matter, rather than the presence or absence
of literal support in the specification for the
claim language. The content of the drawings may
also be considered in determining compliance with
the written description requirement.
In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed.
Cir. 1983) (citations omitted).
Claim 28 requires that "at least a portion of the
exterior wall of the cushion is not secured to the inside of
the protective sleeve to facilitate the placement of the
cushion and
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