Appeal No. 2002-1163
Application 09/393,374
As our reviewing Court has indicated in Seattle Box Co.,
Inc. v. Industrial Crating & Packing, Inc, 731 F.2d 818, 826 221
USPQ 568, 574 (Fed. Cir. 1984), when words of degree are used in
the claims we must determine whether the specification provides
some standard for measuring the degree and whether one of
ordinary skill in the art would understand what is claimed when
read in light of the specification. Thus, in attempting to
discern what constitutes a putter head having a mass of "about
fourteen ounces," a striking face which “extends about four
inches,” a foot surface that defines an area of “at least about
eight square inches,” and a shaft extending from the top face of
the putter head at an angle of from “about 10° to about 25°,”
wherein the shaft and grip thereon have a combined mass of “less
than about three (3) ounces,” we have turned to appellant’s
specification to see if a standard for measuring the various
stated matters of degree are provided therein. However, after a
careful review, we find nothing in the specification to give us
guidance in clearly understanding the language in question.
While the specification, e.g., at pages 2 and 3, indicates
that the putter of the present invention is weighted, balanced
and aligned to provide a balanced pendulum motion and to permit
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