Ex parte YAMAMOTO et al. - Page 5




          Appeal No. 1999-2027                                                        
          Application No. 08/452,500                                                  


               invention is, for purposes of the "written                             
               description" inquiry, whatever is now claimed.                         
          The written description requirement generally comes into play               
          after an amendment to the claims.  However, the examiner has                
          not pointed to any claim limitation that was added by                       
          amendment and considered to be new matter.  Consequently, we                
          find no basis for the examiner’s assertion of an inadequate                 
          written description.                                                        
               As to the enablement part of 35 U.S.C. § 112, first                    
          paragraph, the examiner has not pointed to any element in the               
          claim which the disclosure fails to adequately teach how to                 
          make and/or use.  We find that, though numerous, the                        
          grammatical and spelling errors in the specification do not                 
          rise to the level of failing to provide an enabling                         
          disclosure.  As pointed out by appellants (Brief, page 5),                  
          Figure 1A shows generally, the claimed extracting circuit,                  
          calculating unit, and matching unit, and Figure 1B shows the                
          steps of extracting outermost points, extracting the line                   
          segments, and matching with the dictionary.                                 
               More specifically, Figure 2 shows the calculation of                   
          comparison values for creating the list of outermost points.                

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007