Ex parte BERGE et al. - Page 5




               Appeal No. 1998-0607                                                                       Page 5                 
               Application No. 08/506,857                                                                                        


                      Turning first to claim 1, the appellants' specification, on page 3, discloses that the                     
               invention is directed to a modular apparatus comprising at least two modules, with one of the                     
               modules adapted to contain a screen washing liquid and the other module supporting means for                      
               wiping the windshield, wherein one of the modules serves to support at least one wing mirror.                     
               On pages 5-6, the appellants' specification discloses embodiments of the invention wherein each                   
               of the screen wiping modules supports a wing element or mirror (see Figures 2 and 3).                             
                      Claim 1 recites a modular screen apparatus comprising a plurality of modules adapted                       
               for assembly together and to the vehicle, with one of the modules constituting a windshield                       
               washing liquid reservoir and another of the modules carrying a windshield wiping means, and                       
               at least one rear view mirror carried on said plurality of assembled modules.   As we see it, this6                                  

               claim merely requires that at least one rear view mirror be carried on at least one of the                        
               assembled modules, as a rear view mirror which is carried on any of the assembled modules is                      
               carried on the plurality of assembled modules.  From our viewpoint, while the claim is broad,                     
               in that it encompasses the wing mirror being carried on the windshield washing liquid reservoir                   
               module, the windshield wiping means module or an additional module, the metes and bounds of                       
               the claim are sufficiently well defined to satisfy the requirements of the second paragraph of 35                 


                      6The claim language "the vehicle further including at least one rear view mirror . . ." does not appear to 
               be commensurate in scope with the claim, which does not include the vehicle.  We interpret this language not as a 
               positive recitation of the vehicle as part of the claim but merely as requiring that a mirror be carried on the   
               plurality of assembled modules of the modular apparatus.  As this issue is not before us on appeal, we leave to the
               examiner and the appellants consideration of whether "vehicle" in the above-quoted clause should be changed to    
               "apparatus."                                                                                                      







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