Ex Parte DOPATKA - Page 14


                Appeal No. 2001-0544                                                 Page 14                  
                Application No. 08/195,048                                                                    

                      Just as in Gentry Gallery, Appellant’s original disclosure serves to limit the          
                permissible breadth of the later-drafted claims.  Claims may be no broader than               
                the supporting disclosure, and therefore the narrow disclosure of the instant                 
                specification limits the allowable claim breadth.  Instant claim 25, which                    
                encompasses assays other than the disclosed enzyme immunoassay, is not                        
                supported by an adequate written description in the originally filed specification.           
                The rejection of claim 25 for inadequate written description is affirmed.                     

































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