Ex parte RUSSELL et al. - Page 5




          Appeal No. 1997-4285                                       Page 5           
          Application No. 08/420,852                                                  


               We understand the examiner's rejection as being based                  
          upon the written description requirement of the first                       
          paragraph of                                                                
          35 U.S.C. § 112.  However, we note that there is no specific                
          requirement set forth in the first paragraph of 35 U.S.C. §                 
          112 that claimed terms have clear antecedent basis in the                   
          specification as originally filed.  The test for determining                
          compliance with the written description requirement is whether              
          the disclosure of the application as originally filed                       
          reasonably conveys to the artisan that the inventor had                     
          possession at that time of the later claimed subject matter,                
          rather than the presence or absence of literal support in the               
          specification for the claim language.  See Vas-Cath, Inc. v.                
          Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1116-17                   
          (Fed. Cir. 1991) and In re Kaslow, 707 F.2d 1366, 1375, 217                 
          USPQ 1089, 1096 (Fed. Cir. 1983).                                           


               In our view the phrase "reactive settling agent" is                    
          supported by the original specification.  The original                      
          specification (e.g., pp. 8-9, 15) clearly provides that a                   
          water purifying composition is added to the wastewater in the               







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