Appeal No. 97-3008
Application 08/211,222
considers (1) the appellant’s specification to provide a “deviant
definition, one which is purposely different from the [accepted]
definition” of the term “dart” and (2) the arrangement of Merica4
(wherein flat pleats B or B’ are stitched along their lengths) to
fall within the definition of a “dart” as used by the appellant.
The appellant argues that nowhere in the specification is
there a deviant definition of “dart.” According to the appellant
it is evident from the figures, particularly figures 1
and 2, that each dart 15 comprises an elongate fold of
material tapering to a point at each end (similar to
the specimen provided with the Amendment After Final).
Such a disclosure is completely consistent with the
definitions provided with the first Amendment. For
example, each of the three illustrations under the
section entitled “Darts” in the Reader’s Digest
reference include illustrations of aligned darts
extending above and below the waistlines of dresses.
Obviously, when the two pieces of fabric are sewn
together, the aligned darts are then identical to those
of the present invention depicted in figures 1 and 2 as
would be well appreciated by those of ordinary skill in
the art. This is clearly shown on the previously
provided Ladbury references as well, where such darts
are perhaps more properly referred to as “double
pointed darts”. [Brief, pages 9 and 10.]5
Having carefully considered the respective positions of the
appellant and the examiner we find ourselves in agreement with
4Webster’s Third New International Dictionary of the English Language,
Unabridged, G. & C. Merriam Co., Springfield, MA, 1981, defines “dart” as --
3c: a stitched tapered fold used esp. in fitting garments to the curves of the
body --.
5The references to “Reader’s Digest” and “Ladbury” refer to text
material attached to the amendment filed on February 21, 1995 (Paper No. 7).
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007