Appeal No. 1999-0636 Page 18
Application No. 08/828,375
commensurate in scope with the preambles of these claims,
which recite an "expandable partition kit" or "expandable gate
assembly"? The kit or assembly as disclosed would not appear
to us to include the wall or wall surface.
(c) Would one of ordinary skill in the art understand
what is meant by the language "expandable about an axis" as
recited in claim 21?
(2) Is the subject matter of claims 7-10, 16, 18, 20 and 24-
28 supported by the appellant's original disclosure, as filed
on February 21, 1995 as Application No. 08/391,546, in
compliance with the written description requirement of the
first paragraph of 35 U.S.C. § 112? In particular:
(a) Is the limitation "expandable at an acute angle" in
claim 20 (and incorporated by all claims depending therefrom)
adequately supported in the appellant's original disclosure?
(b) Does the appellant's original disclosure provide
adequate support for the gate height of "less than
approximately 50 inches" recited in claim 25 (and incorporated
by all claims depending therefrom)?
(3) Does Christison (U.S. Patent No. 2,455,112, issued
November 30, 1948) anticipate the subject matter of any of the
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