Appeal No. 98-1563 Page 13
Application No. 08/469,198
later claimed subject matter, rather than the presence or
absence of literal support in the specification for the claim
language. See Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555,
1563-64, 19 USPQ2d 1111, 1116-17 (Fed. Cir. 1991) and In re
Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir.
1983).
The claimed sintering reaction temperature range "1300°C
to 1400°C" finds written description support on page 42, lines
1-13. The claimed heating rate of "at least 100C°/minute
[sic, 100°C/minute]" finds written description support in
original claim 2. The claimed heating rate of "up to
200C°/minute [sic, 200°C/minute]" finds written description
support on page 43, lines 16-18. Accordingly, claims 39 and9
52 are considered to comply with the written description
requirement of the first paragraph of 35 U.S.C. § 112.
9The claimed heating rate of "up to 200C°/minute [sic,
200°C/minute]" recited in dependent claim 52 must be
considered with the claimed heating rate of "at least
100C°/minute [sic, 100°C/minute]" recited in claim 39. When
these two limitations are considered together, claim 52 is in
fact reciting a heating range of at least 100°C/minute up to
200°C/minute.
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