Ex Parte Fressola

27 U.S.P.Q.2d 1608 (1993)

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Nature of the Case

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Facts

P invented a home planetarium that let you see the stars in 3-D. Fressola (P) filed an application which included an omnibus claim. It claimed an invention that was disclosed in the specification and the figures supplied. The claim stated that it was: A system for the display of stereographic three-dimensional images of celestial objects as disclosed in the specification and drawings herein. The claim was rejected under §112 for “failing to particularly point out and distinctly claim the subject matter which the applicant regards as his invention.” P appealed to the Board of Patent Appeals and Interferences.