Appeal No. 98-1032
Application 08/620,658
Cir. 1983) (citations omitted).
In the present case, each of the independent claims on
appeal have been amended during prosecution to recite a mode
of operation that includes introducing soap and water into the
slot of the hollow body reservoir to induce the formation of
lather within the reservoir, with the lather then in effect
permeating and passing through the water absorbent body
portion to form a lathered exterior scrubbing surface. There
is no descriptive support whatsoever in the original
disclosure for this mode of operation. In this regard, even 7
if a person skilled in the art would realize from a reading of
appellants’ original disclosure that the disclosed dispenser
structure is inherently capable of operating in the manner now
claimed, a proposition with which we do not necessarily agree,
that does not mean that such mode of operation is described as
part of appellants’ invention. See In re Winkhaus, 527 F.2d
637, 640, 188 USPQ 129, 131 (CCPA 1975) (“That a person
7In contrast, appellants’ original disclosure indicates
a mode of operation that includes introducing only soap chips
into the hollow body portion through the slot, and that “[b]y
wetting the sponge, a lather may be induced” (specification,
page 5).
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