Ex parte HERBELLEAU - Page 5




          Appeal No. 1999-0983                                                        
          Application No. 08/782,891                                                  


          and do not agree with it, there being no such restriction in                
          the statute or case law.                                                    
               Since, as discussed above, under the sixth paragraph of                
           112, "carcass anchoring means" is construed to cover the                  
          bead wire and equivalents thereof, the question remains as to               
          whether, assuming arguendo that  112, first paragraph,                     
          requires that the originally-filed application have included a              
          written description of such "equivalents thereof," said                     
          application in fact did so.  It is of course not necessary                  
          that specific equivalents be described in the specification,                
          "for such a requirement would render [ 112, sixth paragraph]               
          meaningless."  Toro Co. v. White Consol. Ind., Inc., 199 F.3d               
          1295, 1300, 53 USPQ2d 1065, 1068 (Fed. Cir. 1999).  Rather, we              
          apply the fundamental test for compliance with the written                  
          description requirement, namely, would the application as                   
          filed, considered as a whole, have conveyed to one of ordinary              
          skill in the art, either explicitly or inherently, that                     
          applicant invented the subject matter claimed.  Reiffin v.                  
          Microsoft Corp., 214 F.3d 1342, 1346, 54 USPQ2d 1915, 1917                  
          (Fed. Cir. 2000).                                                           
               In the present case, we consider that this test is met                 
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