Appeal No. 2005-1379
Application 09/734,601
Thorium series, respectively (specification, page 4, ll. 1-7).3 Second, with the positions of the
elements lanthanum, element 57, and actinium, element 89, at the beginning of the sequences of
the fifteen (15) elements in each of the Lanthanide series and the Actinide series, respectively,
with the position of these series in the transition elements suitably noted.4 And third, with the
periodic table separated into parts for teachings purposes, including separate blocks for the
Transition Elements and the Cesium and Thorium series.5
We find no basis in the claim language or in the written description in the specification
on which to read the “periodic chart” illustrated in specification Fig. 1 as a limitation into claim
5, see, e.g., Morris, 127 F.3d at 1054-55, 44 USPQ2d at 1027; Zletz, 893 F.2d at 321-22,
13 USPQ2d at, 1322, and one of ordinary skill in this art would consider the term “periodic
chart” in claim 5 to include any “chart” representing the periodic table as presented in any
manner in the scientific literature, including textbooks. Thus, we interpret the claim language
“having an outline shape reflective of said periodic chart” to include any manner of shape that
conforms to the general outline of a periodic table, including an ordinary page to accommodate
the periodic table including the Cesium and Thorium series as presented in Turk (page 50).
The puzzle board, shaped as specified, can further be of any shape that accommodates an
array of the cubic shaped pieces having six faces, such as in the shape of a cube, to reflect the
configuration of the periodic chart, without specifying the size of any or all of the cubic shaped
pieces or the manner in which the accommodation must be made. Thus, the puzzle board can be
of a flat shape, such that the cubic shaped pieces can be laid thereon or attached thereto in any
manner to form an array, or can be of another shape, such as with trays or shelves to hold the
cubic shaped pieces in an array, in addition to a shape having depressions to hold the cubic
shaped pieces. The only information required on the cubic shaped piece is any information
pertaining to the chemical name of the element, which can be simply the chemical symbol for
that element.
3 See, e.g., Turk, page 51, note “*” (copy attached).
4 See, e.g., Robert Thorton Morrison et al., Organic Chemistry, inside rear cover (3rd ed.,
Boston, Allyn and Bacon, Inc. 1973) (copy attached).
5 See, e.g., Turk, page 50 (copy attached).
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