Interference No. 103,675
Although the law requires at least one embodiment within the
count which satisfies all the requirements of 35 U.S.C. § 112, first
paragraph, for Chen et al.'s motions to be granted, the sole issue
raised here is whether Chen et al.'s earlier filed applications
satisfy the "written description" requirement of the first paragraph
of 35 U.S.C. § 112 for at least one embodiment within the counts in
this interference5.
WRITTEN DESCRIPTION
Although neither party has favored the record with their
interpretation of the meaning of the counts, in order to determine
whether or not Chen et al. have shown that their earlier filed
applications include at least one embodiment within the counts which
satisfies the "written description" requirement of 35 U.S.C. § 112,
first paragraph, we must first interpret the counts.
A count is given its broadest, reasonable interpretation,
based on the language of the count as a whole without resort to either
party's respective disclosures unless the count is considered to be
ambiguous. In this proceeding there are three counts, each of which is
drafted in the so-called bifurcated style, that is, each count is the
alternative of each party's broadest claim directed to the "same
5 It is possible for Chen et al.'s motion to be granted with
respect to less than all the counts.
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