Appeal No. 2006-1386
Application No. 10/206,567
and argues that the drawings show that the ends and flexible liners are not connected at a
particular time but do not show ends and flexible liners that are never connected (answer,
page 5).
The appellant argues that what the claims require is no connection when a specific
condition or conditions exist, i.e., when a trash can liner is “positioned within the trash can … so
as to form opposing first and second sides” (claims 1 and 7), when trash can liners are “arranged
within a trash can … such that said plurality of flexible trash can liners are adjacent said at least
one sidewall with said bottom ends being adjacent to said bottom wall” (claim 10), and when
flexible liners are “arranged within said trash can on opposite sides of said internal side wall”
(claim 16) (reply brief, pages 3-6).
A specification complies with the 35 U.S.C. § 112, first paragraph, written description
requirement if it conveys with reasonable clarity to those skilled in the art that, as of the filing
date sought, the inventor was in possession of the invention. See Vas-Cath Inc. v. Mahurkar,
935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117 (Fed. Cir. 1991); In re Kaslow, 707 F.2d 1366,
1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983)
The appellant’s drawings show possession, at the time the original application was filed,
of ends and flexible liners that are not connected when the claim conditions set forth by the
appellant exist. Accordingly, we reverse the rejection under 35 U.S.C. § 112, first paragraph.
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