Appeal No. 2004-0367
Application No. 09/733,359
In the context of appellant's invention, the "dorsal outer
surfaces of the lower forearm, the wrist, and the hand of the
wearer" as set forth in independent claims 1 and 11 on appeal
clearly and unambiguously refer to those portions of the lower
forearm, wrist and hand that are opposite the volar or palm side
of the hand and forearm. In that regard, we note that appellant
has specifically indicated in the specification (page 2) that
volar design splints have big problems, because the metal spoon
or support portions thereof make functional use of the hand
difficult by hindering use of the wrist and fingers. As we noted
above, on page 3 of the specification appellant then indicates
that a principal objective of the invention is to provide a
dorsal carpal tunnel splint which limits wrist flexion and
extension during repetitive hand motion, but which because of its
location on the dorsal surface of a user's arm frees the volar
side of any hard material, which would interfere with everyday
uses of the hand, and thus frees the volar side so that the
wearer is permitted to use their fingers for everyday activities
such as writing, typing, driving and grasping. In light of such
express disclosure in the present application, the examiner's
interpretation of the "dorsal" limitations of the claims before
us on appeal, as quoted above, is wholly unavailing.
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