Ex parte PROVEAUX - Page 6




                 Appeal No. 1999-2245                                                                                                                   
                 Application No. 08/705,388                                                                                                             


                 angled orientation of a surface.   We observe that the    4                                                                            
                 specification (page 6, line 26) describes the catch surface 54                                                                         
                 as being disposed at an angle 59, as clearly depicted in Fig.                                                                          
                 2.  In light of the above, we cannot support the view that the                                                                         
                 term "canted" is vague and indefinite in the ordinary context                                                                          
                 in which it is used in claims 11 and 12.                                                                                               
                          It is also the examiner’s opinion that the use of the                                                                         
                 term "or" is vague and indefinite.  However, we are not in                                                                             
                 accord with this perception.  In particular, we find that the                                                                          
                 term "or" is used in an understandable fashion in claim 11 to                                                                          
                 simply denote alternative attachments for the baffle as well                                                                           
                 as alternative positioning of the baffle end surface.  As                                                                              
                 such, we conclude that the term "or", as used, is definite in                                                                          
                 meaning.                                                                                                                               


                                                         The obviousness issue                                                                          


                          This panel of the board reverses the rejection of claims                                                                      
                 11 and 12 under 35 U.S.C. § 103 as being unpatentable over                                                                             

                          4Webster’s New Collegiate Dictionary, G. & C. Merriam                                                                         
                 Company, Springfield, Massachusetts, 1979.                                                                                             
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