Appeal No. 1997-0689
Application No. 08/047,238
windowpanes that move vertically, not rotationally. We
believe that round windows are old and well-known, and that
one of ordinary skill in the art would recognize that round
windows would be easier to rotate than square or rectangular
ones. However, we do not believe that the mounting of such a
window for "rotational repositioning with respect to said
fixed diffraction grating windowpane" such that it is
"selectively juxtaposable in or out of optical series with
said fixed diffraction grating windowpane" (as required by
claim 1, from which claim 23 depends) would be quite as clear
to the skilled artisan as appellant asserts.
To "rotate" is defined in The Random House College
Dictionary as "to cause to turn around an axis or center
point; revolve" or "to turn around on or as on an axis." Thus
rotational repositioning must involve turning around an axis
or
center point. Since the repositioning is "with respect to
said fixed diffraction grating windowpane," the axis about
which the movable windowpane must rotate appears to be the
fixed diffraction grating windowpane. However, it is unclear
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