Appeal No. 1999-0124
Application No. 08/467,438
the above is the examiner’s position that the modified
topsheet of Thompson would correspond to the claimed subject
matter in all respects.
Reference is made to appellants’ brief (Paper No. 13) for
the position of appellants with respect to the merits of the
above rejection.
Discussion
An issue in this appeal is whether Thompson’s capillaries
constitute “grooves” within the meaning of that term as used
in the appealed claims. In proceeding before it, the PTO
applies to verbiage of claims the broadest reasonable meaning
of the words in their ordinary usage as they would be
understood by one of ordinary skill in the art, taking into
account whatever enlightenment by way of definitions or
otherwise that may be afforded by the written description
contained in appellants’ specification. In re Morris, 127
F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).
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