Ex parte HONIGSBAUM - Page 7




                 Appeal No. 1999-0347                                                                                     Page 7                        
                 Application No. 08/804,635                                                                                                             


                 Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir.                                                                            
                 1983).                                                                                                                                 


                          The examiner determined (answer, p. 6) that the following                                                                     
                 lacked written description support: (1) the "means for sensing                                                                         
                 countermeasures against said weapon transport device" as                                                                               
                 recited in claim 1; and (2) the "means for sensing further                                                                             
                 comprises means for sensing signals from said guidance system"                                                                         
                 as recited in claim 2.                                                                                                                 


                          While there is no literal support in the original                                                                             
                 disclosure for the two above-noted claimed limitations, we                                                                             
                 agree with the appellant's argument (brief, pp. 7-8, and reply                                                                         
                 brief, pp. 6-7) that the disclosure of the application as                                                                              
                 originally filed  reasonably conveys to the artisan that the5                                                                                                         
                 inventor had possession at that time of the later claimed                                                                              
                 subject matter (i.e., the two above-noted claimed                                                                                      
                 limitations).                                                                                                                          


                          5See, for example, page 9, lines 13-18; page 12, lines 1-                                                                     
                 4; page 14, lines 1-19; page 16, lines 14-16; page 19, lines                                                                           
                 1-15; and page 20, line 12, to page 22, line 11.                                                                                       







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007