Appeal No. 2000-009
Application 08/742,426
that the written description in the specification as it now stands8 supports the interpretation of the
phrase “at thicknesses ranging from 0.154 to 0.189 inches” as requiring the optical properties to
be exhibited over the entire range, not at just one point in the range as the examiner contends.
See, e.g., In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).
Accordingly, on this record, the examiner has failed to demonstrate that the evidence in
the Ford letter with respect to the Scorpio glass establishes that a glass composition and a glass
made therewith falling within the appealed claims was in public use or on-sale within the
meaning of § 102(b) by a preponderance of the evidence.
The examiner’s decision is reversed.
Reversed
BRUCE H. STONER, JR. )
Chief Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
BEVERLY A. PAWLIKOWSKI )
Administrative Patent Judge )
Intellectual Property Department
8 In the preliminary amendment of January 8, 1997 (Paper No. 4), appellants replaced the last
full paragraph on page 5 and the first full paragraph on page 6 of the specification with a single
paragraph and further amended that paragraph in the amendment of August 7, 1998 (Paper No.
13; see pages 2-3), in response to which the examiner, in the Office action of October 23, 1998
(Paper No. 14), did not maintain the objection to the specification under 35 U.S.C. § 132, placed
in the record in the Office action of April 10, 1998 (Paper No. 11).
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