Appeal No. 97-3347
Application No. 08/302,864
pervious to radiant energy (light). It follows that the 4
thin sheet of claim 1 is understood as having an opaque
peripheral region in the sense that this region is not
pervious to light. With this understanding, it is clear to
this panel of the board that the recitation in claim 2 of
“preferably 100%” relative to the coloration coverage renders
this claim indefinite in meaning, for the following reasons.
5The term “preferably 100%” indicates to us that less than
100% coverage in the peripheral region is intended to be
encompassed within the scope of claim 2.
This would effect a peripheral region that is not opaque,
inconsistent with the express requirement of parent claim 1.
Accordingly, the content of claim 2 is appropriately rejected
under 35 U.S.C. § 112, second paragraph, as being indefinite.
In summary, this panel of the board has:
4Webster’s New Collegiate Dictionary, G. & C. Merriam
Company, Springfield, Massachusetts, 1979.
5As we understand the claimed invention, a coloration
coverage of 100% in the peripheral region corresponds to an
opaque peripheral region, since the coloration is gradually
reduced to 0% at the central area (transparent).
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007