Appeal No. 1999-0368
Application 08/636,033
readily and accurately determine the boundaries of protection
involved and evaluate the possibility of infringement and
dominance. In re Hammack, 427 F.2d 1378, 1382, 166 USPQ 204,
208 (CCPA 1970).
Appealed claim 1 fails to give such “adequate notice” in
that it is not possible to determine with any reasonable
degree of certainty to what extent a particular knuckle may
differ in its function from that of an existing AAR Standard
knuckle and still fall within the metes and bounds of the
claim. Stated differently, it is not possible to accurately
determine the boundaries of protection set forth by the claim
language calling for the claimed knuckle to “function like an
existing AAR Standard knuckle during coupling and uncoupling
operations.”
Further, in that the construction of the parts of a
railroad knuckle would appear to be dictated by function as
opposed to aesthetics, it is not clear what constitutes a
functioning part
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