Ex Parte PATRICK et al - Page 7



         Appeal No. 2005-0537                                                       
         Application No. 08/925,985                                 Page 7          

         claims not withstanding the use of the above-noted terms therein.          
         However, appellants do not point to any particular definition or           
         standard provided in their specification for those terms or                
         provide other evidence of a known industry standard that those of          
         ordinary skill in the art would have readily recognized as being           
         understood as representing the definition of “pure” and                    
         “substantially pure” in the context of the appealed method claims          
         before us.  Rather, in the reply brief filed September 27, 2004,           
         appellants refer to two particular dictionary definitions of the           
         term “pure” in Webster’s New World Dictionary, Third College               
         Edition (1994) wherein the term “pure” is reportedly defined as            
         “free from an adulterant” or “unmixed.”  Thus, in support of               
         their argued definiteness position, appellants seemingly urge              
         that the term “pure” as used in the context of representative              
         claim 1 would be understood by one of ordinary skill in the art            
         to require a metallic material that is either unmixed or free              
         from an adulterant.  Similarly, with regard to representative              
         claim 25, appellants maintain that the “substantially pure                 
         metallic planar upper surface” language in question would be               
         understood by one of ordinary skill in the art as requiring a              
         metallic planar upper surface that is unmixed or substantially             
         free of an adulterant.  Likewise, concerning representative claim          





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