Appeal No. 1997-2660 Page 10
Application No. 08/224,407
Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473, 1479,
45 USPQ2d 1498, 1503 (Fed. Cir. 1998) (quoting In re Gosteli,
872 F.2d 1008, 1012, 10 USPQ2d 1614, 1618 (Fed. Cir. 1989)).
Fulfillment of the requirement is adjudged "as of the filing
date" of the associated patent application. Vas-Cath, Inc. v.
Mahurhar, 935 F.2d 1555, 1566, 19 USPQ2d 1111, 1119 (Fed. Cir.
1991).
Here, the appellant modified independent claim 1 by an
"Amendment Pursuant to 37 C.F.R. § 1.115." (Paper No. 18
at 1-3.) Accordingly, each of claims 1-11 now specifies in
pertinent part the following limitation: "data path test
circuitry ... for testing said specific functions of said
plurality of processing elements of said data path, wherein
said testing includes: writing another pattern to said data
RAM and comparing a response from said data path with an
expected result ...." In summary, the amendment added that
the data path test circuitry writes a pattern to the data RAM.
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