Appeal No. 2000-0703
Application No. 08/490,268
OPINION
We have considered the rejections advanced by the examiner
and the supporting arguments. We have, likewise, reviewed the
appellants’ arguments set forth in the briefs.
We reverse.
We consider the three grounds of rejections separately.
Rejection under 35 U.S.C. § 112, first paragraph,
written description.
The written description requirement serves “to ensure that
the inventor had possession, as of the filing date of the
application relied on, of the specific subject matter later
claimed by him; how the specification accomplishes this is not
material." In re Wertheim, 541 F.2d 257, 262, 191 USPQ 90, 96
(CCPA 1976). In order to meet the written description
requirement, the appellants do not have to utilize any particular
form of disclosure to describe the subject matter claimed, but
"the description must clearly allow persons of ordinary skill in
the art to recognize that [he or she] invented what is claimed.”
In re Gosteli, 872 F.2d 1008, 1012, 10 USPQ2d 1614, 1618 (Fed.
Cir. 1989). Put another way, "the applicant must . . . convey
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