Appeal No. 2003-2034
Application No. 09/667,727
OPINION
In reaching our conclusion on the issues raised in this
appeal, this panel of the Board has carefully considered
appellants' specification and claims, the applied teachings,2 and
the respective viewpoints of appellants and the examiner. As a
consequence of our review, we make the determinations which
follow.
The indefiniteness issue
We do not sustain the rejection of claim 3 under 35 U.S.C.
§ 112, second paragraph, as being indefinite.
The examiner is of the view that the phrase in line 9 of
claim 3, "in an erected posture", is indefinite (page 2, Paper
2 In our evaluation of the applied prior art, we have
considered all of the disclosure of each document for what it
would have fairly taught one of ordinary skill in the art. See
In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).
Additionally, this panel of the Board has taken into account not
only the specific teachings, but also the inferences which one
skilled in the art would reasonably have been expected to draw
from the disclosure. See In re Preda, 401 F.2d 825, 826,
159 USPQ 342, 344 (CCPA 1968).
3
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