Appeal No. 1999-1785
Application No. 08/512,656
each and every feature of the invention recited in appellant’s
claims 1, 3, 4, 6 and 19.
Claim 16 is rejected under 35 U.S.C. § 112, first
paragraph, as containing subject matter which was not
described in the specification in such a way as to reasonably
convey to one skilled in the relevant art that the appellant,
at the time the application was filed, had possession of the
claimed invention.
The written description requirement serves "to ensure
that the inventor had possession, as of the filing date of the
application relied on, of the specific subject matter later
claimed by him; how the specification accomplishes this is not
material." In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96
(CCPA 1976). In order to meet the written description
requirement, the appellant does not have to utilize any
particular form of disclosure to describe the subject matter
claimed, but "the description must clearly allow persons of
ordinary skill in the art to recognize that [he or she]
invented what is claimed." In re Gosteli, 872 F.2d 1008,
16
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