When a figure is bad in a patent application.
The Board agreed that "a picture is worth 1000 words."(23) Pictures are invaluable tools to depict what the invention is all about. However, here it harmed the patent application. As a matter of fact, the Board visualized more "needle-like" nanoparticles in the Fig. 4 of the claimed invention than did the Examiner. (24) So, the lesson is not to take a chance, and to make words the most important tool when the call is close. Appellants should have guided the Examiner with words showing how the nanoparticles were regarded as a cylinder and not as a "needle," and should have explained why some looked like a "needle."
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