Appeal No. 2003-0208 Page 5
Application No. 08/578,996
invention." Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111,
1117 (Fed. Cir. 1991). Finally, "[p]recisely how close the original description must come
to comply with the description requirement of section 112 must be determined on a
case-by-case basis." Eiselstein v. Frank, 52 F.3d 1035, 1039, 34 USPQ2d 1467, 1470
(Fed. Cir. 1995) (quoting Vas-Cath, 935 F.2d at 1561, 19 USPQ2d at 1116).
The examiner ascertained (answer, p. 3) that claim 3 has been amended to
recite that metallic chromium is caused to be in "an intercrystal grain boundary of the
CrN and Cr2N." The examiner then stated that the specification does not adequately
disclose what structure comprises an intercrystal grain boundary. Lastly, the examiner
asserted that the specification does not clearly disclose whether this structure is
inherent when Cr is to be more than 0.5 and not more than 15.0 weight percent in the
ion-plating deposition layer.
The appellants argue (brief, p. 5) that page 5, lines 23-31, of the specification
clearly shows that the appellants had possession of the presently claimed invention at
the time the application was filed.4 We agree. Additionally, we agree with the
4 Page 5, lines 23-31, of the specification teaches that by causing Cr to be contained by more than
0.5 and less than 15.0 weight percent in the ion-plating deposition layer made of the mixture of the two
kinds of nitride (CrN and Cr2N), (i.e., by causing the metallic Cr to be in the intercrystal grain boundary of
the ceramic) the intercrystal adhesive strength is reinforced so that the toughness of the ion-plating
deposition layer is improved.
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