Appeal 2006-2547
Application 10/095,409
Patent 6,237,775
1 Compliance with § 112 requires sufficient information in the
2 specification to show that Appellants possessed the invention as of the time
3 of the original disclosure. See Vas-Cath Inc. v. Mahurkar, 935 F.2d 1555,
4 1561, 19 USPQ2d 1111, 1115 (Fed. Cir. 1991) ("Adequate description of the
5 invention guards against the inventor's overreaching by insisting that he
6 recount his invention in such detail that his future claims can be determined
7 to be encompassed by within his original creation."). "The written
8 description requirement does not require the applicant 'to describe exactly
9 the subject matter claimed, [instead] the description must clearly allow
10 persons of ordinary skill in the art to recognize that [he or she] invented
11 what is claimed.'" In re Gosteli, 872 F.2d 1008, 1012, 10 USPQ2d 1614,
12 1618 (Fed. Cir. 1989) (citations omitted).
13 With respect to the "upper portion abutting the upper edge" limitation
14 of claim 24, Figure 1 illustrates a food pan 10 having a side wall comprising
15 an upper end 14 or upper area that includes at least one louvered vent 16
16 (specification, col. 2, ll. 35-44 and col. 3, l. 17) as well as an unnumbered
17 upper edge or rim abutting the upper area or upper end 14 of the sidewall.
18 Hatch’s Figure 1 is reproduced below:
19
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