Appeal No. 2000-1653
Application No. 08/906,586
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. In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089,
1096 (Fed. Cir. 1983). Claim limitations which are urged to
be inherent in the disclosure must be shown as having clear
support from the necessary and only reasonable construction to
be given the disclosure by one skilled in the art. Kennecott
Corp. v. Kyocera Int'l, Inc., 835 F.2d 1419, 1423, 5 USPQ2d
1194, 1198 (Fed. Cir. 1987), cert. denied, 486 U.S. 1008
(1988).
This case is remanded to the examiner for consideration
of whether appellant’s original disclosure provides
descriptive support within the meaning of the first paragraph
of 35 U.S.C.
§ 112 for the requirement of claim 1, added by amendment, that
the first stage chamber has means within it for uniformly
mixing materials introduced therein with a carrier fluid
flowing therethrough.
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