Ex parte BERGE et al. - Page 6




               Appeal No. 1998-1711                                                                          Page 6                 
               Application No. 08/506,387                                                                                           


               we see it, the further limitation "wherein one of said modules includes at least one further liquid                  
               reservoir" requires one of the plurality of modules, whether it be the module which constitutes                      
               a windshield washing liquid reservoir, the windshield wiping means carrying module or yet                            
               another distinct module adapted for assembly together  with the first two modules, to include a5                                                           

               further liquid reservoir.  From our viewpoint, while the recitation of the further liquid reservoir                  
               is broad, in that it encompasses the reservoir being part of the windshield washing liquid                           
               reservoir module or the wiping means module or a third module, the metes and bounds of the                           
               claim are sufficiently well defined to satisfy the requirements of the second paragraph of 35                        
               U.S.C. § 112.  While we acknowledge that none of the embodiments specifically described and                          
               illustrated in the appellants' specification and drawings shows the windshield wiping means                          
               module carrying or including a liquid reservoir, we agree with the appellants that definiteness                      
               under the second paragraph of 35 U.S.C. § 112 does not require that the claims be written so                         
               narrowly that they are limited only to the illustrative structure disclosed in the appellants'                       
               specification.  Just because a claim is broad does not mean that it is indefinite.  See In re                        
               Johnson, 558 F.2d 1008, 1016 n.17, 194 USPQ 187, 194 n.17 (CCPA 1977); In re Miller,                                 
               441 F.2d 689, 693, 169 USPQ 597, 600 (CCPA 1971); In re Gardner, 427 F.2d 786, 788,                                  
               166 USPQ 138, 140 (CCPA 1970) and Ex parte Scherberich, 201 USPQ 397, 398 (Bd. App.                                  
               1977).                                                                                                               

                       5In light of the appellants' specification, we interpret "adapted for assembly together" as used in the claims
               as adapted for juxtaposition with one another.                                                                       







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007