Appeal No. 2007-0429
Application 09/848,430
book library. We begin by take Official Notice that many books include a plurality
of chapters and that some of the books in Call’s e-book library necessarily will
contain plural chapters. See In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418,
420 (CCPA 1970) (PTO tribunals are permitted to take notice of facts beyond the
record which, while not generally notorious, are capable of such instant and
unquestionable demonstration as to defy dispute) (citing In re Knapp Monarch Co.,
296 F.2d 230, 132 USPQ 6 (CCPA 1961)).
Next, we note that the term “document” is not defined in Appellants’
Specification and therefore must be given its broadest reasonable interpretation
consistent with Appellants’ disclosure. In re Bigio, 381 F.3d 1320, 1325,
72 USPQ2d 1209, 1211 (Fed. Cir. 2004). A definition of this term has not been
provided by the Examiner or Appellants. The following definitions are relevant:
document (1) A named, structural unit of text that can be stored,
retrieved, and exchanged among systems and users as a separate unit.
(T)[8] (2) Information and the medium on which it is recorded that
generally have permanence and can be read by humans or by machine.
(3) In word processing, a collection of information that pertains to a
particular subject or related subjects. Synonymous with file. (4) In
Systems/36, a collection of one or more lines of text that can be
named and stored as a member in a folder.
8 The letter “T” indicates that the definition is taken from draft international
standards, committee drafts, and working papers being developed by the ISO/IEC/
JTC1/SC1 and indicates that final agreement has not been reached among the
participating National Bodies of SC1. George McDaniel, IBM Dictionary of
Computing vii, viii, 212 (10th Ed. Aug. 1993) (“IBM Dictionary”) (copy enclosed).
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013