Appeal No. 2002-1749
Application No. 09/395,270
Rejections (3) to (5)
Fundamental to each of these rejections is the examiner’s
position that claim term “dimensionally stable” is broad and
“virtually meaningless since even the most loosely woven or no
woven [sic, non-woven] material has at least some degree of
dimensional stability” (answer, page 4). Based on this
interpretation, the examiner concluded that the mesh material
underlay of Shaw is dimensionally stable at least to some degree,
such that the method of Shaw includes the step of providing a
dimensionally stable sheet.
In proceedings before it, the PTO applies to the verbiage of
claims 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 applicant’s specification.
In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed.
Cir. 1997). In the present case, appellant’s specification does
not contain a precise definition of the term “dimensionally
stable.” However, in the “Background of the Invention” section
of the specification it is explained on page 1 that laying
broadloom carpet is often a difficult process because the carpet
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