Appeal Number: 2006-1773
Application Number: 10/051,000
Elements 4-7, which describe the purported function and value of the
document. However, there is no functional relationship between the contents of
the documents and the underlying substrate recited in these limitations. Therefore,
these are descriptions of non-functional descriptive material. When descriptive
material is not functionally related to the substrate, the descriptive material will not
distinguish the invention from the prior art in terms of patentability. Further, this
element is a conjectural and aspirational characterization of the document, and
therefore does not limit the actual scope of the claimed document.
Elements 9-19, which describe the convention employed in describing the
moon’s subdivisions. These elements form the bulk of the claim text, and of the
arguments proffered by the Appellant. However, voluminous as this text is, there
is no functional relationship between the contents of the documents and the
underlying substrate recited in these limitations. Therefore, these claim elements
are no more than characterizations of non-functional descriptive material. When
descriptive material is not functionally related to the substrate, the descriptive
material will not distinguish the invention from the prior art in terms of
patentability. Also, this convention for parceling property is a species of the genus
of Galaty’s convention of using longitudinal and latitudinal based meridian and
base lines. Differences of spacing in lines drawn on printed paper are generally
obvious to a person of ordinary skill in the art. Similarly, differences in the
spacing of longitudinal and latitudinal based meridian and base lines used to
establish borders for property plats drawn on printed paper are generally obvious to
a person of ordinary skill in the art. Whether particular purchasers would prefer a
particular size or location, as argued by the appellant, is a matter of subjective
preference, suggesting a limitation on the intended field of use, but does not
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