Appeal No. 2005-0007
Application 09/364,675
said switching computer means capable of interrupting and
terminating said call in progress through the switch processor if
said switching computer means determines by data processing that
an available account status associated with the travel card has
been reached during the call.
The examiner did not use any prior art references in the
rejection of record.
Claims 24 through 39 stand rejected under the first
paragraph of 35 U.S.C. § 112 for lack of written description.
Reference is made to the briefs (paper numbers 29 and 33)
and the answer (paper number 31) for the respective positions of
the appellant and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will sustain the lack of written description rejection of
claims 24 through 39.
Under the written description portion of the first paragraph
of 35 U.S.C. § 112, the applicant must convey with reasonable
clarity to those skilled in the art that, as of the filing date
sought, he or she was in possession of the claimed invention.
Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d
1111, 1116-17 (Fed. Cir. 1991); In re Kaslow, 707 F.2d 1366,
1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983).
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