Appeal No. 1999-1506
Application 08/815,151
on Blann, in that Blann discloses a support for use with a
ladder, the support having a cylindrical body 11, a locking
means 12, and a torque applying and retaining means 13, 17.
Appellant argues, inter alia, that upturned portion 12 of
Blann's support is not a locking means, as claimed. Citing
the definition of "locking" from Webster's Dictionary as "a
fastening together or state of
being fixed", appellant asserts that item 12 of Blann is not a
locking means because the support is self-leveling, which
means it must be freely movable at all times, and can easily
be moved further through the rung (brief, page 7). The
examiner has not responded to this argument.
It is fundamental that words of a claim are generally
given their ordinary and accustomed meaning, In re Paulsen, 30
F.3d 1475, 1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994), which
meaning may appropriately be ascertained from the dictionary,
see Nike, Inc. v. Wolverine World Wide, Inc., 43 F.3d 644,
647, 33 USPQ2d 1038, 1040 (Fed. Cir. 1994). The most
pertinent definition of the verb "lock" in the Webster's
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