Ex parte ANDREWS et al. - Page 5




            Appeal No. 1997-4259                                                                         
            Application No. 08/259,474                                                                   


            later claimed subject matter, rather than the presence or                                    
            absence of literal support in the specification for the claim                                
            language under consideration.  See Wang Laboratories Inc. v.                                 
            Toshiba Corp., 993 F.2d 858, 865,                                                            
            26 USPQ2d 1767, 1774 (Fed. Cir. 1993); Vas-Cath Inc. v.                                      
            Mahurkar, 935 F.2d 1555, 1556, 19 USPQ2d 1111, 1117 (Fed. Cir.                               
            1991); see also In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ                                  
            1089, 1096 (fed. Cir. 1983).                                                                 


                  In this particular instance, after considering                                         
            appellants' disclosure as a whole and recognizing that the                                   
            claimed subject matter does not need to be described in haec                                 
            verba in the specification in order for the specification to                                 
            satisfy the written description requirement, it is our opinion                               
            that the originally filed specification provides adequate                                    
            support for the invention claimed.  In particular, we note                                   
            that while the exact "standard mammographic procedures,                                      
            intensities and exposure times" are not set forth in the                                     
            specification, we share appellants’ view that one skilled in                                 
            this particular art at the time of appellants’ invention would                               
            have understood what the standard mammographic procedures,                                   
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