Appeal No. 2001-0476
Application No. 08/768,231
written description requirement, the patent specification 'must
clearly allow persons of ordinary skill in the art to recognize
that [the inventor] invented what is claimed.'" Century Gallery
Inc. v. Berkline Corp., 134 F.3d 1473, 1479, 45 USPQ2d 1498, 1503
(Fed. Cir. 1998) citing In re Gosteli, 872 F.2d 1008, 1012, 10
USPQ2d 1614, 1614 (Fed. Cir. 1989). "An applicant is entitled to
claims as broad as the prior art and his disclosure will allow."
In re Rasmussen, 650 F.2d 1212, 1214, 211 USPQ 323, 326 (CCPA
1981). (Emphasis added).
Appellant argues on page 10, lines 8-12 of the Brief that,
claims 1 thru 16 . . . are part of the originally filed
disclosure of the invention claimed herein. In that
regard, it should be noted that original claims 8, 12
and 16 recited an embodiment of the invention wherein
'said servo sector number is recorded in P and Q
portions of said servo bursts, and said head bit is
recorded in A and B portions of said servo bursts'
(quoting from the claims originally filed).
The Appellant further argues that the "originally filed
disclosure recited the servo identification as being recorded in
P and Q portions only (original claim 3) or in A and B portions
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