Or, “Here, the something is a potato”
In Ex Parte Barber, the Board reversed the Examiner on all grounds, and on one in particular, held that the Examiner’s broadest reasonable interpretation of the claim recitation “potato slice”, was unreasonable. Specifically, the Examiner had construed a teaching of a dough that included potato flour, that was extruded and then sliced as reading on the claimed “potato slice”. The Board first stated that one of ordinary skill in the art would understand the word slice to have it’s ordinary meaning, i.e., “a thin flat piece cut from something”, and then “Here, the something is a potato.” And so, the Board held “Thus a person having ordinary skill in the art would understand the ordinary meaning of the term “potato slice” to be “a thin flat piece cut from a potato.” Applicant did not define the claim term “potato slice” as having anything other than its ordinary meaning, and so the broadest reasonable construction of “potato slice” was held to be “a thin flat piece cut from a potato”. Not slices of an extruded dough including potato flour, potato granules, potato flakes or modified starches derived from potatoes.