Appeal No. 2002-1823
Application 09/575,551
patent with the adequate notice demanded by due process of law,
so that they may more readily and accurately determine the
boundaries of protection involved and evaluate the possibility of
infringement and dominance. In re Hammack, 427 F.2d 1378, 1382,
166 USPQ 204, 208 (CCPA 1970).
The appellants’ argument that a person of ordinary skill in
the art reading the references in claims 56 and 65 to “similar
articles” in light of the specification would appreciate the
class of articles included thereby is not persuasive. The
specification merely mirrors the claim language at issue and
provides no guidance as to which articles similar to the
expressly recited semiconductor wafer, data disk and
semiconductor substrate might be covered (see Ex parte Remark, 15
USPQ2d 1498, 1500 (Bd. Pat. App. & Int. 1990); Ex parte
Kristensen, 10 USPQ2d 1701, 1703 (Bd. Pat. App. & Int. 1989)).
Thus, the “similar articles” limitations in claims 56 and 65 are
vague and indefinite and render the scope of these claims
unclear.
We shall therefore sustain the standing 35 U.S.C. § 112,
second paragraph, rejection of independent claims 56 and 65 and
dependent claims 57, 62 and 64.
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