WAKALOPULOS et al. V. BILSTAD et al. - Page 26




                 i.e., what is described by the original specification. The subject matter described and the subject                                        
                 matter of the later added claims must then be compared. If the claimed subject matter is the same                                          
                 as the subject matter in the written description, it is described. "What is claimed by the patent                                          
                 application must be the same as what is disclosed in the specification. . . ." Festo, 535 U.S. at _,                                       
                 122 S.Ct. at 1840, 62 USPQ2d at 1712. Bilstad's written description must support the full scope of                                         
                 "aplurality of directions." Abroadly drafted claim must be fully supported by the written description                                      
                 and drawings. Amge , 314 F.3d at 1333, 65 USPQ2d at 1399. Bilstad's purported description of                                               
                 three directions is insufficient to describe the full scope of a plurality of directions.                                                  
                          Prof Colgate's testimony is insufficient for the same reason. It is directed to showing that                                      
                 Bilstad's written description includes disclosure that falls within the scope of "a plurality," rather                                     
                 than showing that the written description conveys the full scope of the word plurality.                                                    
                          We also note that Prof. Colgate appears to testify that Bilstad's written description describes                                   
                 motion in more than three directions. He summarizes these in Paragraph 13 of his testimony:                                                
                                    13. In conclusion, I believe that there are several respects in which motion                                            
                                    along a plurality of directions within the reactive volume is described in the                                          
                                    '964 application. These include:                                                                                        
                                             a. Motion imparted by the conveyor of Figure 2 combined with                                                   
                                             joining/assembling motion as illustrated in Figures 3, 5, 6 and 8.                                             
                                             b. (a) combined with additional motions necessary to bring                                                     
                                             components into alignment.                                                                                     
                                             c. (a) combined with additional motions necessary to "peel" away                                               
                                             protective tabs.                                                                                               
                                             d. (a) combined with additional motions necessary to permanently                                               
                                             deform (cut or seat) components.                                                                               
                 B. Ex. 2009, p. 7, ý 13.                                                                                                                   
                          Subparagraph a appears to related to motions in three directions discussed above.                                                 
                          Subparagraphs b and d combine the three directions of subpargraph a with "additional                                              
                 motions necessary to bring the components into alignment" and "additional motions necessary to                                             
                 permanently deform (cut or seat) components. Bilstad has not directed us to the portions of Bilstad's                                      
                 written description which say what these alignment and deforming motions are. While these motions                                          
                 may or may not be obvious or enabled from the disclosure, this is inadequate as a written                                                  


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