Ex Parte Peter et al - Page 6



          Appeal No. 2006-0440                                                        
          Application No. 10/291,933                                                  

          the relevant art that the claimed invention encompasses a method            
          in which the outlet streams “flow together easily and                       
          immediately over a relatively wide area of the substrate”                   
          (emphasis added).  (Specification at 9, lines 10-13.)  While                
          Figures 1 and 2 appear to depict an embodiment in which the                 
          outlet streams are individually and separately applied to the               
          substrate, such an embodiment is described as a preferred                   
          embodiment.  In this regard, the specification (page 21, lines              
          16-19) informs one skilled in the relevant art as follows:                  
                    While the above description contains many                         
               specifics, these specifics should not be construed as                  
               limitations on the scope of the invention, but merely                  
               as exemplifications of preferred embodiments thereof.                  
          In re Bigio, 381 F.3d at 1324, 72 USPQ2d at 1211 (“[T]his court             
          counsels the PTO to avoid the temptation to limit broad claim               
          terms solely on the basis of specification passages.”)                      
               Having construed the disputed claim language, we turn to               
          the evidence.  Like the appellants, Grimm describes a method for            
          coating a body (e.g., a substrate such as a pipe) comprising:               
               i) rotating the body (substrate) about an axis;                        
               ii) ejecting a polyurethane reaction mixture through a                 
                    sheet die onto the rotating body, with the sheet die              
                    being disposed at an angle α to the axis of rotation;             

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