Appeal No. 1999-1480 Application No. 08/523,330 description requirement of the first paragraph of § 112. In general, the test for determining compliance with the written description requirement of § 112 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 under consideration. Further, it is also well settled that the content of the drawings may be considered in determining compliance with the written description requirement. 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, 1563, 19 USPQ2d 1111, 1116- 1117 (Fed. Cir. 1991); see also In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983). Upon reviewing claim 66, we note that claim 66 requires the key to be “thermoexpansively bonded to said handle.” Claim 63, from which claim 66 depends, additionally requires the handle to be “permanently bonded to the end of the key.” Therefore, claim 66 requires that the handle be 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007