Ex parte CRUZ - Page 8




          Appeal No. 1999-1505                                       Page 8           
          Application No. 08/638,454                                                  


          claimed by him; how the specification accomplishes this is not              
          material."  In re Wertheim,  541 F.2d 257, 262,  191 USPQ 90,               
          96 (CCPA 1976).                                                             


               Claim 12 recites a housing having "an opening through                  
          said bottom surface, said opening being sufficiently narrow to              
          permit the unused portion of said product within said housing               
          to be protected from outside forces and remain in a usable                  
          condition."  Claim 12 further recites "said opening being                   
          positioned through said front portion."  Claim 16 recites                   
          making "an opening through the bottom front surface of said                 
          housing."                                                                   


               We have reviewed the originally filed disclosure and find              
          no express disclosure for the above-noted limitations of                    
          claims 12 and 16.  In addition to an express disclosure, the                
          written description requirement can be satisfied by showing                 
          that the disclosed subject matter, when given its "necessary                
          and only                                                                    










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