Appeal No. 1998-1855 7
Application No. 08/459,537
In re Anderson, 471 F.2d 1237, 1240-41, 176 USPQ 331, 333 (CCPA 1973).
There is no requirement that the language of the claimed subject matter be present in the
specification in ipsissima verba.
It is the examiner’s position that there is no basis for the terms, “said particulates
comprise less than 12% by weight moisture,” “less than 0.08 oz/ton,” and “said heap is
essentially free of manganese or manganese-containing compounds.”
We however, find adequate basis for each of the above terms. The phrase, “that
the added liquid forms a total moisture content in the ore of about 8% to 12% at
maximum,” is found in the specification, page 28, lines 19-20, and discloses that the
maximum amount of moisture is 8% to 12% which encompasses amounts of moisture
that is less than the stated amounts. We conclude accordingly that adequate support
exists for the term, “said particulates comprise less than 12% by weight moisture.”
As to the term, “less than 0.08 oz/ton,” the specification page 15, lines 12-13,
provides for, “a gold-containing ore of less than about 0.07 oz/ton of ore.”
Furthermore, the specification, page 17, lines 2-3 provides for “a gold content as low as
0.07 oz/ton.”
When taken together with the disclosure of Example 7 on page 52 of the specification of
an ore having a gold content of “about 0.083 oz. per ton,” we find adequate basis for
the aforesaid claim limitation.
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