Ex parte HUSAR et al. - Page 7
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Board of Patent Appeals and Interferences > 1997 > Ex parte HUSAR et al. - Page 7
Appeal No. 96-1812
Application No. 07/984,762
In the specification (page 4) and original claim 5, a
radius of curvature of “about 1 mm” is set forth. On the
other hand, the specification (page 10) also recites a radius
of curvature of “1 mm”.
In our view, the recitation of “about 1 mm” is
indeterminate in meaning. The specification is silent as to
what the modifying word of degree “about” denotes and,
therefore, the scope of the term “about 1 mm” cannot be
ascertained when the term is read in light of the
specification. See Seattle Box Co. v. Industrial Crating &
Packing, Inc., 731 F.2d 818, 826, 221 USPQ 568, 573-574 (Fed.
Cir. 1984).
For purposes of the following new ground of rejection
under 35 USC 103, we interpret the indefinite term “about 1
mm” in claims 25 and 35 as denoting --1 mm--.
Claims 25 through 42 are rejected under 35 USC 103 as
being unpatentable over Jessop and either Korf or the
acknowledged prior art (appellants’ specification, page 1).
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