Appeal No. 96-2905
Application No. 29/008,076
the definiteness of a design claim including language such as
"substantially as shown and described" must be resolved in the
same way definiteness issues are resolved in any other
application involving words of degree, that is, on the basis
of the particular facts of the involved application (i.e., on
a case-by-case basis).
Finally, the appellant argues that we overlooked or
misapprehended the point that the office is acting arbitrarily
and capriciously to deprive the appellant of a property right
without due process of law by ordering that the decision be
rendered by eight additional members, none of which attended
the hearing, without notice to the appellant, to effectively
overturn a ruling by the majority of the three members who did
attend the hearing that the decision finally rejecting the
claims should be reversed.
This argument is based on the expansion of the three
member panel to eleven members as set forth in footnote 1 on
page 1 of our decision. Once again, we respectfully disagree
with the appellant on this point for the following reasons.
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