Appeal No. 2000-0027 Page 8
Application No. 09/072,190
appellant. It is not necessary that the specification
specifically identify all claimed narrower values which fall
within the broader range as set forth in the original
disclosure. Therefore, as a factual matter, persons skilled
in the art would consider the claimed range to be part of
appellant's original disclosure. Note In re Wertheim, 541
F.2d at 264, 191 USPQ at 98. Additionally, we note
that original claim 12 recited "95 to .5 parts aggregate."
Where an original claim supports the subject matter now being
claimed, nothing more is required for compliance with the
description requirement of the first paragraph of § 112. See
In re Gardner, 475 F.2d 1389, 1391, 177 USPQ 396, 397,
supplemental opinion, 480 F.2d 879, 879-80, 178 USPQ 149 (CCPA
1973) and In re Smith, 481 F.2d 910, 914, 178 USPQ 620, 624
(CCPA 1973).
For the reasons set forth above, the decision of the
examiner to reject claims 12 to 15 under 35 U.S.C. § 112,
first paragraph, is reversed.
The obviousness rejections
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