Appeal No. 2004-1897
Application No. 09/455,664
the mesh of the cartridge is not verbally described by the
patentee. Thus, from a visual review of the drawings, it appears
that, at best, the mesh covering apertures 49 may be the same
type of mesh that covers the apertures 34 in the filter plate,
i.e., a polyester mesh of some undisclosed form. Additionally,
and quite importantly, it is our view that the vaguely disclosed
mesh covering the apertures 49 cannot fairly be discerned as a
"scale collector comprising a block of compressed mesh material,"
as claimed.3 Since, as explained above, claim 15 on appeal does
not read on the filter of O'Flynn, the anticipation rejection of
appellants' claims cannot be sustained.
3 A reading of appellants' underlying specification (page 2)
informs this panel of the Board that the "block of compressed
mesh material" (claim 5) is clearly comparable to the earlier
mentioned and known "body of stainless steel wire or mesh
compacted into the form of a small ball-like block."
Additionally, it is quite apparent to us that one skilled in the
art at issue would not comprehend the vaguely disclosed mesh
covering the apertures 49 of O'Flynn as a block of compressed
(compacted) mesh material.
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