Ex parte WATANABE et al. - Page 6




          Appeal No. 1997-1888                                       Page 6           
          Application No. 08/221,467                                                  


          appellants refer to Exhibit A (attached to the brief) "with                 
          the obtuse angle labeled as ?" drawn in Figures 6 and 16 of                 
          the instant application.                                                    


               The test for determining compliance with the written                   
          description requirement is whether the disclosure of 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.  See Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555,                   
          1563-64, 19 USPQ2d 1111, 1116-17 (Fed. Cir. 1991) and In re                 
          Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir.                 
          1983).                                                                      


               It is our view that the specification does not provide                 
          written description support for the limitation that "the yarn               
          extends at an obtuse angle from the inner edge of the endless               
          belt" as recited in claim 51.  Notwithstanding the appellants'              
          argument to the contrary, the appellants' Exhibit A does not                
                                                                                      







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007