Appeal No. 1998-0820
Application No. 08/274,771
1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983). "To fulfill
the written description requirement, the patent specification
'must clearly allow persons of ordinary skill in the art to
recognize that [the inventor] invented what is claimed."
Gentry Gallery Inc. v. Berkline Corp., 134 F.3d 1473, 1479, 45
USPQ 1498, 1503 (Fed. Cir. 1998) citing In re Gosteli, 872
F.2d 1008, 1012,
10 USPQ2d 1614, 1618 (Fed. Cir. 1989). "An applicant is
entitled to claims as broad as the prior art and his
disclosure will allow." In re Rasmussen, 650 F.2d 1212, 1214,
211 USPQ 323, 326 (CCPA 1981). (Emphasis added).
On page 6 of the original specification, Appellant
describes the hub 16 as being "included in disk drive 10" and
as engaging "the hard disk 14 and [rotating] it . . ." In
addition, Appellant notes that "it is preferable to ground
hard disk 14 through hub 16 to disk drive 10." Therefore, it
is clear that the term "hub" in this instance refers to the
shaft connected to the spindle that is used by the motor to
rotate the disk. Thus, if the hub were used to ground the
disk to drive 10, it would itself have to be grounded.
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