Appeal No. 2001-0378 Page 7
Application No. 08/873,876
and R is the maximum recovered thickness within one second
immediately following removal of the main load.
9. An article of footwear including a sole in proximity of
afoot receiving surface of said article of footwear, said sole
having a resiliency index in the range from about .05 to about
.5, the resiliency index being defined as a ratio (R-M)/(P-M),
wherein P is a thickness measured when only a pre-load is
applied, M is a thickness measured when both the pre-load and a
main load are applied, and R is the maximum recovered thickness
within one second immediately following removal of the main
load.
In our view, the phrase "resiliency index ..." as used in the
claims under appeal is not vague and indefinite because the metes and
bounds of the claimed invention is defined with a reasonable degree
of precision and particularity. It is clear to us that the appellant
intends to encompass all materials having the claimed resiliency
index with such language. In that regard, it is well-settled that
the mere breadth of a claim does not in and of itself make a claim
indefinite.1
1 Breadth of a claim is not to be equated with
indefiniteness. See In re Miller, 441 F.2d 689, 693, 169 USPQ
597, 600 (CCPA 1971).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007