Appeal No. 2005-2646
Application No. 09/948,377
of the examiner’s position, and to appellant’s brief (filed April 8, 2004) for the arguments
thereagainst.
OPINION
Having carefully reviewed the indefiniteness and obviousness issues raised in this
appeal in light of the record before us, we have made the determinations which follow.
Concerning the rejection of claim 1 under 35 U.S.C. § 112, second paragraph,
appellant urges that the specification and drawings of the application as originally filed
clearly show and describe circular fins permanently incorporated and limited to the top
of an oil filter, and wherein the fins have a rectangular shape from bottom to top. More
particularly, appellant contends that the side perspective view of Figure 1 shows (in
hidden lines) a rectangular fin configuration. We agree. Although we appreciate the
examiner’s position, we are of the opinion that one of ordinary skill in the art reading the
specification of the present application and viewing Figures 1 and 2 of the drawings
would clearly understand that the circular fins carried by the top portion of the oil filter
each have a rectangular shape in cross-section, wherein the long axis of the rectangle
extends vertically, or from the bottom to the top of the fins. The specification (page 8)
expressly describes the fins of Figure 1 as being “rectangular in shape from bottom 5 to
top 6” and such a configuration is readily apparent from Figure 1 of the drawings. As for
the language in claim 1 that the circular fins “are 360 degrees starting in the center and
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