Appeal 97-1804
Application 08/329,042
meaning in a technological context; a word describing patented
technology takes its definition from the context in which it
was used by the inventor.
b.
Dr. Nguyen testified in his declaration that a necessary
feature of an OPC is that it be non-porous because pores in
the layer will adversely affect electrical charged acceptance
and retention. Finding 28. Almost every material has pores
albeit some may be microscopic in size. In accordance with
Dr. Nguyen's testimony, which we find credible, it becomes
apparent that OPC layers are non-porous to the extent that any
microscopic pores which might exist do not adversely affect
electrical charged acceptance and retention. Accordingly, we
find the added limitation of applicant's OPC's as being non-
porous to be nothing more than a statement of a characteristic
of an OPC. In other words, one skilled in the art would have
understood that the OPC's described by applicant in the
specification had to be non-porous in the sense in which Dr.
Nguyen says an OPC must be non-porous.
The examiner declined to give much weight to Dr. Nguyen's
declarations. See Finding 34. The examiner found that
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