Appeal No. 1999-0621
Application 08/378,376
a “strap-shaped” connecting rod end portion comprises two
parallel cheeks having rectangular sections and opposing
holes. When read in this light, the recitation in claims 232
and 24 of “strap-shaped” end portions is reasonably particular
and precise, and thus does not pose an indefiniteness problem.
The same cannot be said for the “approximately 0E and 90E”
limitation in claim 31. The term “approximately” is a word of
degree. Definiteness problems often arise when words of
degree are used in a claim. Seattle Box Co. v. Industrial
Crating & Packing, Inc., 731 F.2d 818, 826, 221 USPQ 568, 573-
74 (Fed. Cir. 1984). When a word of degree is used, it must
be determined whether the specification provides some standard
for measuring that degree. Id. The appellants’ reliance on
the statement on specification page 7 that “[w]inding and
laying down shall be effected along various angles, for
example 0 degrees, ± 25 degrees, ± 45 degrees; 90 degrees” for
2 By way of contrast, the specification (see page 10)
indicates that a “flattened head” connecting rod end portion
(see claim 24) comprises a single cheek having a hole.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007