Appeal No. 97-1627 Page 8
Application No. 08/202,991
indefinite and incomplete for failing to clearly and
completely recite the critical features of the sensor.”
(Id. at 4.)
We find, however, that the unclaimed number of layers
(N), L/W ratio, and total thickness (B) of the sensor are not
critical limitations. In determining whether an unclaimed
feature is critical, the entire disclosure must be considered.
Broad language in the disclosure including language in the
abstract that omits an allegedly critical feature tends to
rebut an argument of criticality. In re Goffe, 542 F.2d 564,
567, 191 USPQ 429, 431 (CCPA 1976).
Here, it is true that a few parts of the appellants’
specification mention ranges for N, the L/W ratio, and B. In
determining what is disclosed, however, we cannot restrict our
consideration only to parts of the disclosure. The appellants
are entitled to have the whole of their disclosure considered.
Neither the broad disclosures of the appellants’ abstract
nor their summary of the invention refers to N, the L/W ratio,
or B at all. Although claim 1 mentions the total thickness,
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007