Ex parte RHOADS - Page 5




          Appeal No. 1996-3284                                                        
          Application 08/154,864                                                      


          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).  In order to meet the written description                   
          requirement, the appellants do not have to utilize any                      
          particular form of disclosure to describe the subject matter                
          claimed, but "the description must clearly allow persons of                 
          ordinary skill in the art to recognize that [he or  she]                    
          invented what is claimed."  In re Gosteli, 872 F.2d 1008,                   
          1012, 10 USPQ2d 1614, 1618 (Fed. Cir. 1989).  Put another way,              
          "the applicant must . . . convey with reasonable clarity to                 
          those skilled in the art that, as of the filing date sought,                
          he or she was in possession of the invention."  Vas-Cath, Inc.              
          v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117                   
          (Fed. Cir. 1991).  Finally, "[p]recisely how close the                      
          original description must come to comply with the description               
          requirement of section 112 must be determined on a                          
          case-by-case basis."  Eiselstein v. Frank, 52 F.3d 1035, 1039,              
          34 USPQ2d 1467, 1470 (Fed. Cir. 1995) (quoting Vas-Cath, 935                
          F.2d at 1561, 19 USPQ2d at 1116).                                           
               Here, the Examiner raises [answer, pages 3 to 4] the                   
          “first”, the “second” and the “third” points to support the                 
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