Appeal No. 2004-1305
Application No. 29/138,829
Similarly, we agree with declarant’s explanation of the
appearance of the corresponding lines of the second step, the
third step, the single lines listed as 10B and 12B, as well as
the inner surface 16A (see Exhibits C and D; Wagner Declaration,
¶¶ 13, 15 and 17).
For the foregoing reasons and those stated in the Brief,
Reply Brief, and the Wagner Declaration, we determine that, based
on the totality of the record, the preponderance of evidence
establishes that the written description requirement of section
112 has been met by the amended Figures 1-6 submitted by
appellant. See In re Alton, 76 F.3d at 1175, 37 USPQ2d at 1584,
citing In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). Accordingly, we do not sustain the examiner’s
rejection on appeal.
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