Appeal No. 1998-2720
Application 08/352,730
as an adjective is serving as a standard or basis of
measurement. Thus, the term “standard positions” as used in
claims 1 and 3 must be interpreted to mean a starting point or
some other baseline point from which measurements are taken.
The pointer positions prior to battery exchange do not meet
the conventional definition of “standard positions.”
We also agree with appellants that the specification
does not support the examiner’s position that pointer
positions prior to battery exchange are standard positions.
The portion of the specification relied on by the examiner
states
Despite an exchange of batteries or an
interruption of electrical power, it
is possible for the rotary pointers to
be automatically returned to their
starting positions or to their display
positions prior to the battery
exchange.
The fact that the pointers can be returned to their display
positions prior to the battery exchange does not constitute a
disclosure that standard positions include such positions.
The term standard positions is not used here at all. As noted
above, the specification never explicitly states what is meant
by the term standard positions. Thus, we do not agree with
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