Appeal No. 2002-0027
Application No. 08/963,812
membrane may further be defined by a generally linear
longitudinal axis or centerline and a generally curved
or arched latitudinal axis or centerline” (emphasis
added).
The permissive language of this paragraph is quite broad
and, in our view, the “one embodiment” first set forth would
clearly encompass a curved or dome-shaped membrane like that seen
in Wood, i.e., a membrane with an outer convex surface and an
inner concave surface, wherein the outer and inner surfaces are
each characterized by a radius of curvature. Although a further
embodiment of appellant’s invention may also be defined by a
generally linear longitudinal axis or centerline and a generally
curved or arched latitudinal axis or centerline, it does not
appear to us that such a configuration is required, or is the
only configuration envisioned by appellant. This position is
further bolstered by disclosure on page 16 of the specification,
wherein appellant describes one of the preferred embodiments of
the invention and then follows that disclosure by the statement
that “[h]owever, it will be understood with benefit of this
disclosure that the shape and/or orientation of a membrane may
vary substantially as described elsewhere herein” (page 16,
emphasis added). Also, on page 17, after describing a preferred
embodiment, appellant again indicates that “[h]owever, it will be
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