Appeal No. 1999-0218
Application 08/691,889
indicate the minute" (Brief at 7), citing Beguin's above-noted
explanation of setting the time. Because the term "minute
indicator" is not defined in the specification, it must be
given its broadest reasonable interpretation when considered
in light of appellant's disclosure. See In re Morris, 127
F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997):
[T]he PTO applies to the verbiage of the proposed
claims 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 applicant's
specification.
In our view, the term "minute indicator" when broadly
construed reads on hand 7 and/or indications 21 and 22, which
represent every fifteenth and fifth minute of the hour. 3
Thus, we do not agree with the examiner's position that the
hand's function as an hour indicator precludes it from being
accurately described as a minute indicator. Because element A
of claim 1 is not satisfied, the § 102 rejection of that
3The "minute indicator" term reads on these elements
even if the watch has not been accurately set using one of the
five-second or fifteen second indications.
7
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