Appeal No. 1998-0097
Application No. 08/513,036
compliance with the written description requirement. In re
Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir.
1983).
In applying this test to the case at bar, we determine
that the original disclosure of this application and in
particular Figure 3a of the drawing would reasonably convey to
an artisan that the Appellants had possession on the filing
date of the now claimed subject matter which defines the flow
ratio as including 0.25. Our reasons for this determination
correspond to those set forth by the Appellants in their brief
(e.g., see pages 9 and 10) and in their reply brief (e.g., see
pages 2 and 3). That is, because Figure 3a of the Appellants'
drawing reflects that an acceptable etch pit density in
accordance with the Appellants' invention is obtained using a
flow ratio as low 0.25, the originally filed disclosure of
this application would reasonably convey to the artisan that
the Appellants had possession of this last mentioned ratio at
the time of application filing. Moreover, contrary to the
Examiner's apparent belief, the fact that the conditions or
parameters associated with Figure 3a are not necessarily
required by the appealed claims is simply not relevant to the
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