Appeal No. 2005-1953 Page 12
Application No. 09/765,533
F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979). In the present case, Dionne, like
the present claims, describes a mat which comprises indicia on the upper surface.
The indicia appearing on the surface of the mat allows the user to tract the movement
made on the mat. Thus, we determine that the Dionne reference is analogous to the
subject matter of the claimed invention. In any event, when the reference fully
describes the claimed subject matter, the question of analogousness is not an issue.
Cf. In re Self, 671 F.2d 1344, 1350-51, 213 USPQ 1, 7 (ccpa 1982).
Appellant argues that Dionne does not disclose an elongated mat, a
symmetrical placement guide on the upper surface of the mat and indicia positioned
from the longitudinal axis at a forty-five degree angle. (Brief, pp. 22-24). These
arguments are not persuasive. Dionne’s figure 8 describes a mat which is elongated
7
and has the indicia required by the claims 1, 11 and 18. Appellant acknowledges
(Brief, p. 24) that Dionne describes longitudinal and transverse axises defining four
quadrants comprising a mirror image pattern. The pattern described in Dionne is a
o
grid having secondary lines intersecting at a 90 angle. These points of intersection,
o
like those of Appellant, occur at 45 from the intersection of the major longitudinal and
transverse axises formed by the lines. Accordingly, this disclosure meets the
limitations of claims 1, 11 and 18. Claims 1, 11 and 18 do not require that the indicia
7Appellant acknowledges, Brief page 28, that Dionne figure 8 discloses a rectangular
configuration.
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007