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 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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