Appeal No. 2000-0721 Page 7
Reissue Application No. 08/628,287
claims 49-52 each specifies in pertinent part the following
limitations: "surfaces of the upwardly rising external
sidewalls including complimentary striations ...." Similarly,
claims 57-64 each specifies in pertinent part the following
limitations: "surfaces of the upwardly raised external
sidewalls including striations ...." Accordingly, the
limitations of claims 5-83 require striations in the surfaces
of external sidewalls.
The examiner fails to show that the limitations lack a
written description. “To fulfill the written description
requirement, the patent specification ‘must clearly allow
persons of ordinary skill in the art to recognize that [the
inventor] invented what is claimed.’" Gentry Gallery, Inc. v.
Berkline Corp., 134 F.3d 1473, 1479, 45 USPQ2d 1498, 1503
(Fed. Cir. 1998) (quoting Gosteli, 872 F.2d at 1012, 10 USPQ2d
at 1618). Fulfillment of the requirement is adjudged “as of
the filing date” of the associated patent application. Vas-
Cath, Inc. v. Mahurkar, 935 F.2d at 1566, 19 USPQ2d at 1119.
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