Appeal No. 99-0031
Application 08/639,737
the functionally defined limitations. Id., 128 F.3d at 1478,
44 USPQ2d at 1432.
In the present case, the preamble of claim 1 recites
"[a]n attachment for a baseball type cap having a hemispheric
opening and adjustment strap at the rear thereof and a bill in
front, comprising, . . . ." Appellant, citing several cases,
asserts that "the preamble is a limitation on the scope of the
claim" (brief, page 9; reply brief, pages 1 and 2). Insofar
as appellant may be arguing that claim 1 is drawn to the
combination of a baseball type cap and an attachment, we agree
with the
examiner that it is not, since the preamble recites an attach-
ment for a cap. However, the preamble limits the scope of the
claim to the extent that where a limitation in the body of the
claim refers back to structure recited in the preamble, the
preamble structure referred to is incorporated into that
limitation. For example, the recitation "securement means for
securing said attachment only to the adjustment strap of said
cap" is interpreted as "securement means for securing said
4
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007