Appeal No. 1999-1109
Application No. 08/359,904
35 U.S.C. § 112, first paragraph, written description
On page 4 of the Examiner’s answer, the Examiner rejects
claims 17-20 under this ground of rejection as the claims
contain subject matter which was not described in the
specification in such a way as to reasonably convey to one
skilled in the relevant art that the inventor, at the time the
application was filed, had possession of the claimed invention.
Specifically, the Examiner asserts, id.
at 4, that “[a]lthough it does adequately mention that other
device can be use (sic) to measure ‘user velocity,’ nothing
about ‘absolute velocity,’ and it does not state anywhere it has
no regard to relative velocity of the telephone relative to the
base station.” Appellant argues, brief (Paper No. 20) at page
5, that “[f]or example, page 5, lines 8-11 of the Application
describe use of a car speedometer. A car speedometer senses
absolute velocity without regard to relative velocity of the
telephone relative to the base station.”
The written description requirement serves "to ensure that
the inventor had possession, as of the filing date of the
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