Appeal No. 2001-1848
Application 08/932,988
the specification as filed, the light region between “adjacent”
or successive bands 38 is simply described as a “spacing” (see,
for example, page 7, lines 17-18, of the specification). In
amended claim 1, however, the region between the dark bands is
also described as a “band” in the phrase “light and dark,
alternating bands . . .” According to amended claim 1,
therefore, the smallest angle subtended by a pair of visually
discernable objects appears to be the angle subtended by two
adjoining regions, namely two adjoining bands, one dark and one
light. In comparison, the specification as filed describes the
smallest subtended angle in question as being the angle
subtended by three regions, namely two spaced apart dark bands
(38) and the spacing therebetween or two “spacings” and the
dark band (38) therebetween.
Additional questions are also raised about descriptive
support for dependent claims 3-5 in view of the manner in which
the bands are defined in parent claim 1. In claim 5, for
example, both the light and dark bands of claim 1 are required
to be in the form of “segments of shrink tubing which are
applied over the coating [on the core] and heated to shrink
fit.” However, the specification as filed (see page 7) does
not state that the spacing between the dark bands 38 is formed
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