Appeal No. 98-0024
Application 08/467,306
more clearly expressed, we do not consider that one of3
ordinary skill would find the bounds of the claimed subject
matter to be indistinct.
The part of the specification which is relevant to part
(f) is found on page 8, lines 8 to 15:
It is called to the attention of the reader
that the high-density polyethylene [outer
circular member] 22 is split only once at the
top of Figure 4 and at 31. The high-density
polyethylene is not split at the bottom of
Figure 4.
The result is a flexible insulation kit 40,
see Figure 2, which can be spread apart around
the solid high-density polyethylene at the
bottom 60 of Figure 4. In other words, the
high-density polyethylene at the bottom of
Figure 4 functions as a hinge around which the
two halves of the insulation can be rotated and
moved.
In our view, one of ordinary skill in the art, reading part
(f) in light of this disclosure, would not consider that the
claims recite the outer tube in both its fused and
longitudinally divided states, but rather that the claims are
drawn to a combination including a fused outer tube, with part
For example, if "upon being . . . to have" were changed to -- that,3
prior to --, and "and which" were changed to -- being fused, said --.
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