Ex parte MALIK et al. - Page 8




                 Appeal No. 97-0677                                                                                                                     
                 Application No. 08/312,710                                                                                                             



                          In Shatterproof Glass Corp. v. Libbey-Owens Ford Co., 758                                                                     
                 F.2d 613, 624, 225 USPQ 634, 641 (Fed. Cir. 1985), the court                                                                           
                 added:                                                                                                                                 
                          If the claims, read in light of the specifications                                                                            
                          [sic], reasonably apprise those skilled in the art                                                                            
                          both of the utilization and scope of the invention,                                                                           
                          and if the language is as precise as the subject                                                                              
                          matter permits, the courts can demand no more.                                                                                

                          Indeed, the fundamental purpose of a patent claim is to                                                                       
                 define the scope of protection  and hence what the claim4                                                                                
                 precludes others from doing.  All things considered, because a                                                                         
                 patentee has the right to exclude others from making, using and                                                                        
                 selling the invention covered by a United States letters                                                                               
                 patent, the public must be apprised of what the patent covers,                                                                         
                 so that those who approach the area circumscribed by the claims                                                                        
                 of a patent may more readily and accurately determine the                                                                              
                 boundaries of protection in evaluating the possibility of                                                                              
                 infringement and dominance.  See In re Hammack, 427 F.2d 1378,                                                                         
                 1382, 166 USPQ 204, 208 (CCPA 1970).                                                                                                   



                          4    See In re Vamco Machine & Tool, Inc., 752 F.2d 1564,                                                                     
                 224 USPQ 617 (Fed. Cir. 1985).                                                                                                         
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