Ex parte GILPATRICK - Page 7




                 Appeal No. 1998-2551                                                                                     Page 7                        
                 Application No. 08/787,624                                                                                                             


                 argument is that the yarns taught by American Viscose at page                                                                          
                 2, lines 85-91, are readable on  core and effect yarns. 2                                                                              


                          In proceedings before it, the United States Patent and                                                                        
                 Trademark Office (USPTO) applies to the verbiage of the claims                                                                         
                 before it the broadest reasonable meaning of the words in                                                                              
                 their ordinary usage as they would be understood by one of                                                                             
                 ordinary skill in the art, taking into account whatever                                                                                
                 enlightenment by way of definitions or otherwise that may be                                                                           
                 afforded by the written description contained in the                                                                                   
                 appellant's specification.  In re Morris, 127 F.3d 1048, 1054,                                                                         
                 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See also In re Sneed,                                                                          
                 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).                                                                               


                          In this case, the appellant's specification is silent as                                                                      
                 to what is meant by "core and effect yarn."  However, the                                                                              


                          2The law of anticipation does not require that the                                                                            
                 reference teach what the appellants are claiming, but only                                                                             
                 that the claims on appeal "read on" something disclosed in the                                                                         
                 reference (see Kalman v. Kimberly-Clark Corp., 713 F.2d 760,                                                                           
                 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465                                                                             
                 U.S. 1026 (1984)).                                                                                                                     








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007