Ex parte AYERS et al. - Page 6

          Appeal No. 1998-2606                                                        
          Application 08/446,415                                                      

          patent disclosure may not be used as prior art in a double                  
          patenting rejection, the disclosure may be consulted to                     
          determine the meaning of terms in the patent claim.  In re                  
          Avery, 518 F.2d 1228, 186 USPQ 161 (CCPA 1975).  Following                  
          this permissive analytical approach, column 2, lines 27-28 of               
          the earlier patent states that "[a] series of images are                    
          carried on a continuous loop of transparent film."  The image               
          strip 4 in the remaining parts of the disclosure and the                    
          figures is not otherwise described.  It is thus apparent that               
          the subject matter of claims 16 and 17 on appeal are properly               
          subjected to this doctrine.  The showings of the image strip 4              
          in the various figures indicate that an opaque coating was                  
          disposed on the transparent substrate to impart the noted                   
          image in claim 17 on appeal and the images of the claims in                 
          the patent.                                                                 
               On the other hand, at first blush the subject matter of                
          the light sheet of dependent claim 5 on appeal would appear to              
          have been encompassed by the recitation of "a cover ... having              
          a window opening to view said image strip" as recited in the                
          claims of U.S. Patent 5,442,338 thus meeting the limitation of              
          present claim 5 on appeal.  Following the guidance provided by              

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