Appeal No. 1998-2065
Application 08/713,788
considered in determining compliance with the written
description requirement. Id.
The recitation in claims 6, 7 and 9 through 16 of a loop
element having an elastic portion and a plastic portion finds
clear support in the original disclosure in the paragraph
bridging specification pages 3 and 4, in the brief and
detailed descriptions of Figure 9 on specification pages 6 and
9, respectively, and in original claims 6 and 7. Thus, the
disclosure of the application as originally filed would
reasonably convey to the artisan that the appellants had
possession at that time of a garbage bag comprising a loop
element having an elastic portion and a plastic portion.
Hence, the recitation of such a loop element in claims 6, 7
and 9 through 16 does not pose a written description problem.
Insofar as the enablement requirement is concerned, the
dispositive issue is whether the appellants’ disclosure,
considering the level of ordinary skill in the art as of the
date of the application, would have enabled a person of such
skill to make and use the claimed invention without undue
experimentation. In re Strahilevitz, 668 F.2d 1229, 1232, 212
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007