Appeal No. 2006-1139
Application No. 09/740,977
cycle including at least one operational parameter of the laundry appliance (column 22,
lines 41-52), and means for selecting a desired slate from among said plurality of slates
(column 21, lines 16-20) [see pages 15-16 of the answer].
Appellants contend that Beachem lacks any teaching of a “slate,” as set forth in
the instant claims.
While the examiner wishes to interpret the claimed “slates” broadly to include the
“laundry cycles or programs” (column 21, line 17), because, the examiner argues,
appellants have never provided a clear definition of the term, “slates” (answer-page 4),
appellants contend that a slate “is defined as a pre-programmed cycle(s), having a
plurality of operations, that are tailored to the specific operating environment. The slates
can be readily re-programmed or modified to accommodate or adapt to different user
requirements” (principal brief-page 7).
We have reviewed the instant specification and while there is no such explicit
definition set forth therein, it is clear from the description of the field of the invention at
page 1 (“...a set of pre-programmed slates, each including a number of different cycles.
Each slate is specifically designed for use in a particular environment...”), from the
discussion of the prior art at page 2 (“...these pre-programmed operational cycles are
organized into a series of slates which gives a user a number of different cycles from
which to choose” and “machines come pre-installed with a specific slate of cycles”), and
in the summary of the invention at pages 4-5 (“...pre-programmed with numerous slates
and a selected slate for the expected environment...allows the complete replacement of
each of the cycles available...to select cycles present in other slates and place them in
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