Appeal No. 1998-0632
Application 08/301,812
refers
to the written description portion of this statutory
provision.
In re Higbee, 527 F.2d 1405, 1406, 188 USPQ 488, 489 (CCPA
1976).
The test to be applied under the written description
portion of 35 U.S.C. § 112, first paragraph, is whether the
disclosure of the application as originally filed reasonably
conveys to the artisan that the inventors had possession at
that time of later claimed subject matter. Vas-Cath Inc. v.
Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117, (Fed.
Cir. 1991).
Appellants' specification as filed makes reference to
their prior application, which has matured into U.S. Patent
5,414,778 issued on May 9, 1995. The discussion of prior art
Figure 1 in this application comprises the Figure 2 showing in
this prior patent. There is no disclosure of the claimed so-
called "action station" in the parent application. As
indicated at the bottom of page 3 of the principal brief on
appeal, the present specification differs from the parent
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