Ex parte GRABHORN - Page 15

                 Appeal No. 1999-2446                                                                                    Page 15                        
                 Application No. 08/705,592                                                                                                             

                 opinion that such a mass would still be readable on the                                                                                
                 claimed wood fragments.  In that regard, we find that the                                                                              
                 broadest reasonable interpretation of loose  as used in claim                4                                                         
                 6 is that the wood fragments while confined within the                                                                                 
                 container are not fastened to each other.  Accordingly, it is                                                                          
                 our view that each of Scott's rows consists of wood fragments                                                                          
                 which are loose since the wood fragments are not fastened to                                                                           
                 each other within the wire mesh surrounding each row.                                                                                  
                          Furthermore, it is our determination that the wood                                                                            
                 fragments disclosed by Scott (i.e., willow or other suitable                                                                           
                 tree growths or brush) would inherently not have smooth                                                                                
                 surfaces that tend to stick together when wet and form a mass                                                                          
                 of fragments that prevents flow of water through the bag, and                                                                          
                 the wood fragments resist adhering to other wood fragments                                                                             

                          4The Patent and Trademark Office (PTO) applies to the                                                                         
                 verbiage of the claims before it 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 the appellant's specification.  In re Morris, 127                                                                         
                 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See                                                                           
                 also In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed.                                                                         
                 Cir. 1983).  In this case, we note that the term "loose" does                                                                          
                 not appear in the original disclosure.                                                                                                 

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