Appeal No. 97-1398
Application 08/295,225
are located in the same length of tape to permit simultaneous
cleaning and playing of recorded signals" and claims 30's similar
limitation. Noting that the claims do not recite that the
magnetic material and the scrubbing material are superimposed one
over the other (Answer at 19), the examiner argues that "the
magnetic material and the scrubbing material of Siddiq are in the
same length, i.e., in the same portion of tape between two points
thereby permitting simultaneous cleaning [and playing]" (Answer
at 5). We agree with appellants that the examiner is incorrect
on this point (Brief at 15). As explained in In re Morris,
127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997), "the
PTO applies to the verbiage of the proposed claims the broadest
reasonable meaning of the words in their ordinary usage as they
would be understood by one of ordinary skill in the art, taking
into account whatever enlightenment by way of definitions or
otherwise that may be afforded by the written description
contained in the applicant's specification." Because appellants'
specification does not include a definition of the term
"simultaneously," we must give it its usual meaning, i.e.,
"[h]appening, existing, or done at the same time." The American
Heritage Dictionary of the English Language (New College Edition
1975), p. 1207. Thus construed, the claim does not encompass
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