Ex Parte Luffel et al - Page 9



               Appeal No. 2006-1853                                                                        Page 9                  
               Application No. 10/051,573                                                                                          


                       With regard to the “device” that is the subject of the invention, the                                       
               specification states, “the first device 16 utilized in one preferred embodiment of the                              
               present invention may comprise a tape autochanger device of the type known in the                                   
               art, although other devices may also be used.”  (Specification, page 5, lines 23-27).                               
               Similarly, on page 9 of the appellants’ brief, they argue, “the term ‘device’ requires                              
               no specific structure because none is set forth in the claims at issue.  As described                               
               in the specification, the device 16 may comprise any of a wide range of systems or                                  
               components that may be mounted within the storage system 10.”  It is clear from                                     
               the specification that the appellants did not ascribe any special meaning to, or                                    
               otherwise limit, the scope of the term “device.”  As such, we give the term                                         
               “device” its broadest reasonable interpretation in light of the common meaning as                                   
               understood by one skilled in the art and in light of the specification to mean a piece                              
               of equipment designed to serve a special purpose or perform a special function.2                                    
                       Similarly, the specification on page 5, lines 30-31 describes that the                                      
               “components” are “contained within the first device 16” and on page 18, lines 3-4                                   
               describes that the “components” are “contained within the second device 36.”  As                                    
               such, we give the term “component” its broadest reasonable interpretation in light                                  
               of the specification to mean a constituent part of the device.3                                                     


                                                                                                                                  
               2 The general dictionary definition of “device” is “a piece of equipment or a mechanism designed to serve           
               a special purpose or perform a special function.”  Webster’s Third International Dictionary, unabridged,            
               G. & C. Merriam Co., 1971, p. 618.                                                                                  
               3 The general dictionary definition of “component” is “a constituent part.”  Webster’s Third International          
               Dictionary, unabridged, G. & C. Merriam Co., 1971, p. 466.                                                          






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007