Ex parte MONONEN - Page 4




          Appeal No. 1997-3798                                       Page 4           
          Application No. 08/272,018                                                  


               We will not sustain the rejection of claims 2 to 6, 11                 
          and 14 to 16 under 35 U.S.C. § 112, first paragraph.                        


               The written description requirement serves "to ensure                  
          that the inventor had possession, as of the filing date of the              
          application relied on, of the specific subject matter later                 
          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 appellant does 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               







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