Appeal No. 2002-2132
Application 09/124,907
determining compliance with the written description requirement.
Id.
The appellant’s original disclosure indicates that the
trailing edge 23 of the shell member 21 is clamped by a lock-up
device 28 having a tensioning member 32 secured on a base which
is spring loaded or otherwise biased to pivot about an axis 31
(see page 9 in the specification and Figure 5). Although the
disclosure does not expressly state that the tensioning member 32
provides tension or force in at least a direction tangential to
the cylinder 7, the depiction in Figure 5 of the relationship
between the lock-up device 28, the cylinder 7 and the shell or
surface member 21 indicates that the tensioning member 32, biased
via the base to pivot about axis 31, inherently exerts on the
member 21 a tension or force which is at least in a direction
tangential to the cylinder 7. Thus, the disclosure of the
application as originally filed would reasonably convey to the
artisan that the appellant had possession at that time of a
device embodying the subject limitations in claims 1, 17 through
19 and 23.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 112, first paragraph, rejection of independent claims 1, 17
5
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