Appeal No. 1997-0031
Application 07/987,669
1096 (Fed. Cir. 1983).
In the present case, the examiner deems the “sets”
language in claim 24 as being without a basis in the original
disclosure (see pages 6 and 7 in the main answer). While this
language does indeed lack literal support in the original
disclosure, as pointed out above it merely identifies the four
different colors (or pigments) mentioned in parent claim 17.
The disclosure of the application as originally filed,
particularly specification pages 13, 14 and 27 through 30 and
original claim 24, would reasonably convey to the artisan that
the appellant had possession at that time of such claimed
subject matter.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 112, first paragraph, written description rejection of
claim 24.
The decision of the examiner is reversed.
REVERSED
-7-
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007