Appeal No. 1999-0124
Application No. 08/467,438
also describes in the specification an unillustrated
embodiment of capillaries in the form of elongated “slots.” 4
This unillustrated capillary embodiment would appear to be
more pertinent than the type of capillary shown in Thompson’s
drawing figures to the issue of whether Thompson’s capillaries
constitute “grooves” as now claimed. Based on our
interpretation supra of “grooves,” we hold that one of
ordinary skill in the art would not consider either the
tapered capillaries 26 as shown in Thompson’s drawing figures
or the unillustrated “slot” type capillaries described in the
specification at column 3, lines 60-65, as corresponding to
the
claimed “grooves” because in neither case are the capillaries
closed-bottomed.
4More specifically, Thompson’s specification contains the
following statement:
Also included in the term tapered capillary is a
slot formed into topsheet 22, said lot [sic, slot]
having finite length less than the width of topsheet
22 and having its sides and ends tapered at angles
analogous to those hereinafter described in relation
to a circular tapered capillary. [Column 3, lines
60-65.]
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