Appeal No. 2000-1185 Page 6
Application No. 08/886,516
must “‘set out his uncommon definition in some manner within the
patent disclosure’ so as to give one of ordinary skill in the art
notice of the change” in meaning. In re Paulsen, 30 F.3d 1475,
1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994)(quoting Intellicall,
Inc. v. Phonometrics, Inc., 952 F.2d 1384, 1387-88, 21 USPQ2d
1383, 1386 (Fed. Cir. 1992).
We note that Appellants’ claim 1 recites
a) ... said label comprising an unreproduceable
pattern and information relating to said article;
b) describing said unreproduceable pattern and
including said description with said information ...;
c) encrypting at least a portion of said information
....[Emphasis added.]
Claim 1 associates with an article a label that comprises
the information related to the article as well as an
unreproduceable pattern. Additionally, the claim requires that
the information related to the article include a description of
the unreproduceable pattern and be at least partially encrypted.
Furthermore, a review of the specification (page 6, lines 1-7),
shows that the pattern may be formed by random distribution of
fibers which, absent efforts, are unreproduceable. The
specification points to a group of randomly distributed magnetic
fibers as an example of a pattern that is unreproduceable, but
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