Appeal No. 2000-0873
Application No. 08/975,983
later claimed subject matter, rather than the presence or
absence of literal support in the specification for the claim
language.” In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089,
1096 (Fed. Cir. 1983) (emphasis added).
At the outset, it is our view that several of the claims
of this grouping (e.g., method claim 44) do not require a
tangible medium that specifies the amounts of paint needed
which is separate from a color/shading matching card.
Accordingly, the examiner’s § 112, first paragraph, rejection
fails at the outset with respect to such claims because it is
not directed to the claimed subject matter. In any event,
assuming arguendo that the claims do require a medium that
specifies the amounts of paint needed which is separate from
the medium that specifies the
color/shading of the paints, we find support for such an
arrangement at page 11, lines 9-19, of the specification,
wherein it is stated that the color/shading matching card 120
may include the actual color of the paint and amounts needed
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