Appeal No. 1997-4107
Application No. 08/510,730
find that Daimon, U.S. Patent 5,302,479, dated April 12, 1994,
Column 4, lines 59-66, discloses the measurement of x-ray
diffraction patterns using copper alpha radiation having a
wavelength of 1.541 D.
Based upon the above findings, the person skilled in the
art, to whom the disclosure in the specification is directed,
would have understood that the "Bragg angles" as used in the
claimed subject matter provide for measurements using copper
alpha radiation having a wavelength of 1.541 D.
On this record, we conclude that the specification
provides a reasonable standard for understanding the metes and
bounds of the term of the claimed subject matter when the
claim is read in light of the specification as it would be
interpreted by one of ordinary skill in the art. See Seattle
Box Co. v. Industrial Crating & Packing, Inc., 731 F.2d 818,
826, 221 USPQ 568, 573-574 (Fed. Cir. 1983). Accordingly, we
reverse the rejection of the examiner.
DECISION
The rejection of claims 1, 2, 5 through 17, and 19
through 25 under 35 U.S.C. § 112, second paragraph as being
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