Appeal No. 94-3823
Application 07/812,249
of the definiteness requirement is to provide reasonable notice
as to the boundaries of the patent protection involved). Of
course, it is implicit that it is the visual sensitivity of the
human population as a whole that is being referred to, rather
than that of any one individual.
Likewise, in view of the specification and claim language,
"non-predominate" reasonably means that a color is associated
with a character and that the color is non-distracting to humans
but distinguishable by a color scanner. See specification at 4,
lines 23-29; claim 1 ("plural pixels which are of . . . a small
amount of a second color associated with said character, said
second color being non-predominate so as to be non-distracting
to humans, but distinguishable by a color scanner").
"Non-distracting" reasonably means indistinguishable by
humans. Specification at 4, lines 27-29 ("The non-predominate
color is non-distracting to humans, but distinguishable by
a color scanner"); claim 1 ("said second color being non-
predominate so as to be non-distracting to humans"). In claim 1,
"small amount" is used in the context of the non-predominate
color being distinguishable to a color scanner but non-
distracting to humans. Thus, a person of ordinary skill in
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