Appeal No. 98-3292
Application 08/611,848
in the pertinent art. See In re Sneed, 710 F.2d 1544, 1548,
218 USPQ 385, 388 (Fed. Cir. 1983); In re Bond, 910 F.2d 831,
833, 15 USPQ2d 1566, 1567 (Fed. Cir. 1990) and In re Morris,
127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).
As for the language in the claims on appeal concerning
certain sets of keys “residing on a first plane,” while
another set of keys is said to be “residing on a second
plane,” we find this language to be indefinite. The manner in
which this language is used in appellants’ claims on appeal
conveys the clear impression that certain sets of keys are
located in a first plane defined by some portion of the keypad
(20) itself, while another set of keys is located in/on a
second plane defined by some other portion of the keypad.
However, the description in appellants’ specification and the
showing in the drawings, would seem to give a distinctly
different picture of the intended meaning of this terminology.
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