Appeal No. 1999-2240 Application 08/909,349 OPINION Grouping of claims The claims are grouped to stand or fall together (Br9). Claim 1 is analyzed as representative for each ground of rejection. 35 U.S.C. § 112, first paragraph, lack of written description The rejection is based on the written description requirement of 35 U.S.C. § 112, first paragraph, not the enablement requirement as stated by Appellants (Br11: RBr2). The written description rejection under 35 U.S.C. § 112, first paragraph, is used to reject when a claim is amended to recite elements thought to be without support in the original disclosure. In re Rasmussen, 650 F.2d 1212, 1214-15, 211 USPQ 323, 326 (CCPA 1981). "Satisfaction of the description requirement insures that subject matter presented in the form of a claim subsequent to the filing date of the application was sufficiently disclosed at the time of filing so that the prima facie date of invention can fairly be held to be the filing date of the application." Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1562, - 5 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007