Ex Parte PERRY - Page 4




          Appeal No. 2001-0688                                                        
          Application No. 08/689,721                                 Page 4           


          have made but chose not to make in the brief and supplemental               
          brief have not been considered.  See 37 CFR 1.192(a).                       


                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejection advanced             
          by the examiner, and the evidence of obviousness relied upon by             
          the examiner as support for the rejection.  We have, likewise,              
          reviewed and taken into consideration, in reaching our decision,            
          appellant's arguments set forth in the briefs along with the                
          examiner's rationale in support of the rejection and arguments in           
          rebuttal set forth in the examiner's answer.                                
               Upon consideration of the record before us, we reverse, and            
          remand the application to the examiner.                                     
               We note at the outset that 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; how the specification accomplishes            
          this is not material.  See In re Wertheim, 541 F.2d 257, 262, 191           
          USPQ 90, 96 (CCPA 1976).  "The applicant must . . . convey with             
          reasonable clarity to those skilled in the art that, as of the              
          filing date sought, he or she was in possession of the                      








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