Appeal No. 2000-1491 Page 6
Application No. 09/067,811
those skilled in the art that, as of the filing date sought,
he or she was in possession of the invention." Vas-Cath, Inc.
v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117
(Fed. Cir. 1991). Finally, "[p]recisely how close the
original description must come to comply with the description
requirement of section 112 must be determined on a
case-by-case basis." Eiselstein v. Frank, 52 F.3d 1035, 1039,
34 USPQ2d 1467, 1470 (Fed. Cir. 1995) (quoting Vas-Cath, 935
F.2d at 1561, 19 USPQ2d at 1116).
With this as background, we turn to the examiner's
rejection under 35 U.S.C. § 112.
Initially, we find the examiner's statement that
"dielectric material is made from the same material
(conductive) that electrodes are made" to be incorrect since
"dielectric" is defined as "a nonconductor of electricity."3
3The American Heritage Dictionary of the English®
Language, Third Edition copyright 1992 by Houghton Mifflin
Company.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007