Appeal No. 97-1640
Application 08/326,059
F.2d 1393, 1404-1405, 162 USPQ 541, 550 (CCPA 1964). Also, words in a claim will be
given their ordinary and accustomed meaning, unless it appears that the inventor used
them differently. Envirotech Corp. v, Al George, Inc., 730 F.2d 753, 759, 221 USPQ 473,
477 (Fed. Cir. 1984). In the present case, “proximate” should be given its ordinary
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meaning of “close; very near,” since it does not appear that appellants used it differently,
but even so, we do not consider it a reasonable interpretation to designate a line which is
equidistant from two edges as being “proximate” to one of the edges, as the examiner has
done.
In the final rejection (but not in the answer), the examiner also takes the position that
if the lines 40, 42 of Sowle are not considered to be “proximate” to a side edge, then:
it would have been obvious to a person having ordinary
skill in the art to move the lines of weakness 40, 42 in
Sowle adjacent one of the reinforcing-levering bands.
There would be no invention in shifting the lines of
weakness disclosed by Sowle to a location adjacent
one of the reinforcing-levering bands since operation
of the sleeve would not thereby be modified.
We do not agree with the examiner that it would have been obvious from Sowle alone to
move the juxtaposed perforation (tear) lines 40, 42 of Sowle to a position proximate one of
the sides of cover 10, as claimed. However, we do consider that such a modification of
Sowle would have been obvious in view of Gottily.
3The Random House College Dictionary (1973).
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