Appeal No. 2000-1491 Page 5
Application No. 09/067,811
that the dielectric material is made from the same
material (conductive) that electrodes are made.
Therefore, the claims are not supported by the original
disclosure.
Our understanding of this rejection is that it is based
on the written description requirement set forth in the first
paragraph of 35 U.S.C. § 112.
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 appellants do 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,
1012, 10 USPQ2d 1614, 1618 (Fed. Cir. 1989). Put another way,
"the applicant must . . . convey with reasonable clarity to
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