Appeal No. 1998-3281
Application 08/650,500
such claims on prior art not reject them under the second
paragraph of the statute.
Further, we find the use of the symbol C, the universally
accepted symbol for carbon, to mean something other than carbon
in one part of the claim and to also use C in its ordinary well
accepted sense in another part of the same claim to mean carbon
to be extremely confusing. Similarly, the use of the universally
accepted symbol for boron B to mean something other than boron is
extremely confusing. Nevertheless, the language is in part
defined in appellant's specification and in the claims
themselves. We say in part defined because the use of the symbol
C as defined in claim 22 is not found in appellant's original
disclosure Claim 22 was added by the amendment of March 30, 1998,
2
Paper Number 6. The polymers described as polymer (b) are
described in appellant's original disclosure in both the
specification and original claims. We cannot say that the
terminology is conventional but it is defined.
It has been held that an applicant for patent may be his own
lexicographer so long as an applicant for patent clearly sets
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