Appeal 2007-4013
Application 09/768,512
include groves and recesses in the cylinder to assist the diffusion of the
molten brazing material solder, wherein any manner of brazing material can
optionally fill the grooves and recesses and otherwise be present on the
peripheries of the core and/or the cylinder.
In considering the grounds of rejection under §§ 112, first paragraph,
written description requirement, and second paragraph, we agree with
Appellants’ arguments that the claim limitation “wherein the unmelted
brazing foil material is not disposed in the solder-rising preventing groove”
is definite and the written description establishes Appellants were in
possession of the claimed invention encompassed by claim 1 at the time the
claimed invention was filed. We are reinforced in our view by the position
of unmelted brazing foil 7 relative to the position(s) of the “solder-rising
preventing groove” 19 and 25, 27 in Figs. 2 and 3, and the area of diffusing
solder 7-1 in Figs 2 and 3. Specification 6-9.
Accordingly, contrary to the Examiner’s position (Answer 3-4 and
8-9), one of ordinary skill in the art would not find the phrase “wherein the
unmelted brazing foil material is not disposed in the solder-rising preventing
groove” indefinite, see, e.g., In re Warmerdam, 33 F.3d 1354, 1361, 31
USPQ2d 1754, 1759 (Fed. Cir. 1994); In re Moore, 439 F.2d 1232, 1235,
169 USPQ 236, 238 (CCPA 1971), and would recognize Appellants were in
possession of the claimed inventions encompassed by the claims at the time
the Application was filed. See, e.g., Alton, 76 F.3d 1168, at 1175-76, 37
USPQ2d at 1581, 1583-584 (Fed. Cir. 1996) (citing In re Wertheim, 541
F.2d 257, 262-64, 191 USPQ 90, 96-97 (CCPA 1976)).
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