Appeal No. 94-3823 Application 07/812,249 sitting at a terminal writing the software for the invention. Answer at 4-5. Thus, the examiner views the following claim phrases as indefinite: "predominate"; "non-predominate"; "non-distracting"; "small amount"; "permitting recognition"; and "processing." We disagree, however, with the examiner that the foregoing claim phrases are indefinite within the meaning of 35 U.S.C. § 112, second paragraph, and address each of them below. We agree with appellants that, in view of the specification and claim language, "predominate" is reasonably viewed, by a person of ordinary skill in the character recognition art, to mean that a single color is visually associated with a character and that color is readily distinguishable by humans. See specification at 4, lines 20-25; claim 1 ("plural pixels which are of a first color, said first color pixels being predominate so as to allow humans to distinguish said character"). Thus, this claim phrase is sufficiently defined. See In re Johnson, 558 F.2d 1008, 1016, 194 USPQ 187, 194 (CCPA 1977) (only a reasonable degree of certainty is required); In re Hammack, 427 F.2d 1378, 1382, 166 USPQ 204, 208 (CCPA 1970) (the purpose 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007