Appeal No. 2002-0852
Application 09/466,322
more than 1/3 of the minor axis side length of the
loudspeaker. The Reference Fig. 2 clearly shows that the
cross sectional area of the pole piece is equal to that of a
circle diameter more than 1/3 of the minor axis side length
of the loudspeaker (the minor axis side length of the
loudspeaker being the minor side length of the frame 2).
See page 5 of the Examiner’s answer.
Upon our review of Yoshida, we find no basis for the
Examiner’s finding that Yoshida teaches a cross sectional area of
the track-shaped pole piece is made equal to that of a circle of
a diameter more than 1/3 of the minor axis side length of a
loudspeaker. We appreciate the Examiner’s speculation as to the
dimensions shown in the drawings. However, the Federal Circuit
has stated that “it is well established that patent drawings do
not define the precise proportions of the elements and may not be
relied on to show particular sizes if the specification is
completely silent on the issue.” Hockerson-Halberstadt Inc., v.
Avia Group Int’l Inc., 222 F.3d 951, 956, 55 USPQ2d 1487, 1491
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