Appeal 2006-3219
Application 10/122,270
USPQ2d at 1322; Priest, 582 F.2d at 37, 199 USPQ at 15; In re Prater, 415
F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969). It is well settled
that Appellant’s mere intent as to the scope of the claimed invention
encompassed by a claim does not so limit the scope of the claim which is
otherwise definite when construed in light of the Specification as it would be
interpreted by one of ordinary skill in the art. In re Cormany, 476 F.2d 998,
1000-02, 177 USPQ 450, 451-53 (CCPA 1973).1
We find Yamada would have disclosed to one of ordinary skill in this
art an automotive bumper beam which exhibits mechanical strength that is
formed by stamping a composite fiber reinforced thermoplastic resin sheet
comprising reinforcing fibers and fibers mats impregnated with
thermoplastic resin (Yamada, e.g., col. 1, ll. 8-18, col. 2, ll. 20-35, col. 4, ll.
43-55, col. 5, l. 64, to col. 6, l. 7, and col. 6, ll. 55-67). The fiber mat can be
swirled bundles of continuous strands of fibers and the reinforcing fibers
arranged on the fiber mat, with the combination being mechanically joined
through needling (id., e.g., col. 3, ll. 5-30, and col. 6, ll. 37-41). The number
of fiber mat and reinforcing fiber laminates is determined on the
requirements of the bumper beam, with a construction of outer mat layers
1 Any conflict between Appellant’s intended invention as set forth in the
Summary Of Claimed Subject Matter (Supp. Br. 2-3) and the advanced
contentions, and the actual scope of claim 14 should be addressed under
35 U.S.C. § 112, second paragraph, on the basis of whether claim 14 and
claims dependent thereon are “claiming the subject matter which applicant
regards as his invention,” in any further prosecution of the appealed claims
before the Primary Examiner upon disposition of this appeal. See Cormany,
476 F.2d at 1000-02, 177 USPQ at 451-53; see also Zletz, 893 F.2d at
321-22, 13 USPQ2d at 1322 (citing Prater, 415 F.2d at 1404-05, 162 USPQ
at 550-51).
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