Ex parte SCHAVAN et al. - Page 8




                 Appeal No. 97-0935                                                                                                                     
                 Application 08/340,905                                                                                                                 



                 very shallow threads (col. 4, line 6).  The shaft also has a                                                                           
                 pointed tip and a conical portion that extends from the point                                                                          
                 back to the cylindrical pilot portion.  Formed in the                                                                                  
                 cylindrical pilot portion are two recesses or pockets 16 for                                                                           
                 the collection of bone chips.  Giving claim 14 its                                                                                     


                 broadest reasonable interpretation,  we construe the term      2                                                                       
                 "shaped as a drill" as being broader than claim terminology                                                                            
                 that requires the structure to be a drill or to function as a                                                                          
                 drill.  In our view, the terminology "shaped as a drill"                                                                               
                 should be construed to require structure that in shape has                                                                             
                 some characteristics similar to that of a drill.  The pilot                                                                            
                 portion of Collison, which is somewhat long and cylindrical,                                                                           
                 has fine threads on the outside and has two chip collecting                                                                            
                 recesses or pockets 16, and, in our view, satisfies the claim                                                                          
                 limitation of being shaped as a drill.  We must emphasize that                                                                         
                 the language of the claim does not state that this part of the                                                                         


                          2  In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322                                                                       
                 (Fed. Cir. 1989).  Claims in prosecution before the Patent and                                                                         
                 Trademark Office are given their broadest reasonable                                                                                   
                 interpretation.                                                                                                                        
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