Appeal No. 2003-1390
Application No. 08/989,342
Litigation v. Sunrise Farms, 301 F.3d 1343, 1348, 64 USPQ2d 1202,
1205 (Fed. Cir. 2002) (quoting Intervet Am., Inc. v. Kee-Vet
Labs., Inc., 887 F.2d 1050, 1053, 12 USPQ2d 1474, 1476 (Fed. Cir.
1989). In the present case, the claims simply do not include any
limitations relating to the template’s weight or materials of
construction.
With respect to claims 14-17, appellant additionally argues
that Nakanishi’s design is between the apertures 36 and not
around them as required by these claims. Turning again to the
specification, we note that the claim 14 phrase “accommodating
apertures which are intended to accommodate an object on or
rising from the surface and around which the design is desired to
be placed” is used in connection with figure 3. Specification,
page 6, lines 22-26. Figure 3 shows the design apertures 2
positioned outside (“around”) the perimeter of the accommodating
aperture 6.3 Thus, we are in agreement with appellant that
interpreting this language as broadly as possible consistent with
the specification, the claim does not read on Nakanishi’s design.
The rejection is affirmed as to claims 1 and 22-24 and
reversed as to claims 14-17.
3Around (adv): “1a: in a circle or in circumference.” Webster’s Third
New International Dictionary 120 (1971).
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