Appeal No. 2006-2210
Application 09/944,230
of the reply brief makes reference to specification paragraphs [0015],
[0046], [0053] and [0055]. These relate to figures 7, 8 and 12 through 14.
Appellants’ originally filed claims, including the original versions of
independent claims 1 and 15 on appeal, as well as the disclosed invention
with respect to these features and figures states that the surface of a material
layer is substantially planar. These paragraphs make reference to the
showing in disclosed figure 2 which is discussed in paragraphs 39 through
41 and also describe such a surface as substantially planar.
In contrast, the present claims on appeal, rather than reciting that the
surface is substantially planar in a manner coextensive to the manner in
which it was originally claimed and is presently disclosed, recites a negative
limitation indicating that the surface is “substantially free” of hills and
valleys. To be consistent within the written description portion of 35 U.S.C.
§ 112, first paragraph, the manner in which the presently claimed invention
is recited is compared with the manner in which the features were originally
recited and claimed as well as originally disclosed and therefore must be
considered to be coextensive or substantially identical.
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007