Appeal No. 2002-0122
Application No. 08/857,756
70 degrees range), the maximum inclined angle then would be 80
degrees (i.e., 10 degrees plus 70 degrees). Unquestionably,
maximum inclined angles (i.e., inclined angles on the surface
side) having a value of 80 degrees fully satisfy the appealed
independent claim 1 limitation of a range between 60 and 120
degrees.1
With respect to the second interpretation (which is
discussed in the paragraph bridging pages 5 and 6 of our
decision), the appellants acknowledge our discussion of Ito’s
figure 10 embodiment as showing directions for the minimum
retardation values 102Ma and 102Mb at an angle of 90 degrees (see
the last full paragraph on page 4 of the request) and then point
out that patentee discloses this angle as preferably in the range
of 0 to 90 degrees (see the first full paragraph on page 5 of the
request). Concerning these matters, it is the appellants’
argument that “[t]here is no disclosure of the maximum
retardation values and therefore no way to accurately determine
1We here emphasize that nothing in appealed claim 1 requires
that the angle in question must be measured as an average of
Ito’s minimum inclined angle to his maximum inclined angle.
Stated otherwise, it is proper to consider the above noted claim
limitation to be satisfied by considering only the maximum
inclined angles (i.e., the inclined angles on the surface side
only) of Ito.
3
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