Appeal No. 98-3288
Application 08/630,304
support for the recitation of “strengthening cleats”.
As the record reveals, the recitation of “strengthening
cleats” was added to claim 1 (Paper No. 8) subsequent to the
final rejection. However, appellants’ specification, as
filed, only teaches a frame or cabinet without any added
internal supports or braces (page 1), without uprights or
additional structural or bracing members (page 4), without
distinct supporting uprights, legs or other members (page 6),
and without separate uprights or supporting frame members, or
special struts or internal structural members (page 12).
In light of the above, we find no descriptive support in
the original disclosure for the specific negative recitation
in claim 1 of a enclosure without “strengthening cleats”. The
only “cleats” that we are aware of are the upstanding
fastening cleats 3 disclosed in the Nilsson reference, earlier
discussed. As explained in Ex parte Grasselli, 231 USPQ 393,
394 (Bd. App. 1983), a claimed negative limitation, which does
not appear in a specification, as filed, introduces new
concepts and violates the description requirement of the first
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