Appeal 2007-2133
Application 10/790,502
(Br., e.g., 8), it is well settled that Applicants’ mere intent as to the scope of
the claimed invention does not so limit the scope of a 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,
1000-002, 177 USPQ 450, 451-53 (CCPA 1973).3
Furthermore, we consider the term “ambient temperature” to have its
common, art recognized meaning of “[t]he temperature of the surrounding
medium, such as gas or liquid, which comes into contact with the
apparatus.”4 Thus, in the context of the claim language and in light of the
Specification, the claim term “generally ambient temperature” would be that
temperature imparted by the infrared radiation to the coating applied to the
plate during the thermal curing process plus whatever temperature is
imparted to the process by heat from other sources.
Accordingly, we determine that contrary to the Examiner’s position
(Answer 3-4), one of ordinary skill in the art would not find the term
“generally ambient temperature” indefinite, see, e.g., In re Warmerdam,
3 Any conflict between Appellants’ intended invention and the actual scope
of the appealed claims should be also considered with respect to 35 U.S.C.
§ 112, second paragraph, on the basis of whether appealed claims are
“claiming the subject matter which applicant regards as his invention,” in
any further prosecution of the appealed claims subsequent to disposition of
this appeal. See Cormany, 476 F.2d at 1000-002, 177 USPQ at, 451-53; see
also Zletz, 893 F.2d at 321-22, 13 USPQ2d at 1322 (citing In re Prater,
415 F.2d 1393, 1404-405, 162 USPQ 541, 550-51 (CCPA 1969).
4 See, e.g., ambient temperature, McGraw-Hill Dictionary of Scientific
and Technical Terms 75 (5th ed., Sybil P. Parker, ed., New York, McGraw-
Hill, Inc. 1994); ambient, The American Heritage Dictionary of The English
Language 56 (4th ed., Boston, Houghton Mifflin Company, 2000).
11
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: September 9, 2013