Appeal No. 1999-2433
Application No. 08/862,361
definition , an “average” is an arithmetical mean obtained by2
dividing the sum of two or more quantities by the number of
quantities, or a number or value that typifies a set of values
of which it is a function, as a median or mode. When used as
an adjective, the term “average,” for example, as in average
speed, normally connotes a numerical average.
While appellants’ brief uses the terminology “constant
reduced opacity” (page 6) and “uniform reduced opacity” (page
7), we see no basis in the original disclosure to understand
the language of claim 37 on appeal to be so limited. In this
regard, we note that the samples of a security paper that were
handed out at the oral hearing held on January 25, 2001,
stated by
appellants’ counsel to be made in accordance with the present
invention, clearly did not have a uniform opacity across the
area or region of reduced thickness and opacity provided
therein when such paper was viewed by being held up to a light
source in the hearing room. Accordingly, it is our view that
2Webster’s New World Dictionary, Second College Edition, Prentice Hall
press, 1986.
6
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