Appeal No. 96-3543
Application No. 08/153,623
at least one of said weft and warp members being of
a different color displaying a diagonally directed
path along the net relative to the differently
colored ones of the warp and weft members.
The issue here is whether it is the intention of this
paragraph merely to refer back to and confirm what has been
recited in the previous paragraphs regarding the color of the
weft and warp members, adding only that it causes a diagonal
pattern to be presented, or to add the further limitation that
the selected one of the weft members is a different color than
the selected one of the warp members. We must confess that
our confusion is heightened by considering Figure 1 of the
colored version of the drawings that was attached to the
Brief, where the three colors used for the wefts are repeated
in the warps, and which thus would appear not to represent
that the selected weft cannot be the same color as the
selected warp.
A problem exists in independent claims 14 and 16 in the
paragraph that begins on line 38. Early in these claims it is
established that first and second corners define “a first
border section,” and so on through second, third and fourth
corners and second, third and fourth border sections. Weft
6
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