Appeal No. 1998-2436
Application 08/550,667
The examiner asserts that the original specification
does not support the now claimed subject matter regarding
a filament having a thickness which tapers from the
lateral axis substantially symmetrically and “smoothly”
about the longitudinal axis towards each tip. (Answer,
page 3). The examiner states that the exactitude of the
drawings is not such that one of ordinary skill in the
art would understand that the disclosed invention is
limited to such fibers. (Answer, pages 3-4).
Appellants argue that the word “smoothly” is
embodied in the original specification in both Figure 2
and in the body of the specification in the concept of a
“substantially diamond-shaped cross section.” (Brief,
pages 8-9).
We note that the drawings are part of the original
disclosure.1 We determine that one having ordinary skill
in the art, upon observation of original Figure 2 (or
amended Figure 2) would discern that the thickness tapers
smoothly about the longitudinal axis 31. For example,
the lines depicted in Figure 2 are not uneven.
We further note that the issue is whether original
Figure 2 (or amended Figure 2) reasonably conveys to one
of ordinary skill in the art that, as the filing date of
the present application, the inventors had possession of
the subject matter now claimed in claim 1. In re
Edwards, 568 F.2d 1349, 1351-1352, 196 USPQ 465, 467
3
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