Appeal Number: 2006-1684
Application Number: 10/341,038
the dorsal portion of the hand and fingers of the patient,” as
argued by the appellant. Specifically we are called on to
construe the term “receive.” 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. In re Morris, 127 F.3d 1048, 1053-54, 44 USPQ2d
1023, 1027(Fed. Cir. 1997). When we apply the usual and
customary meaning to the term “receive” in this situation, we
conclude that it means to hold or contain. Thus the claim calls
for a finger portion that contains or holds the dorsal portion
of the hand and fingers. We further note that the finger
portion called for in the claim does not have to “fit” the wrist
and finger portion of the patient, for to so hold would be to
render the claim term “fit” in line 3, superfluous.
As shown in Figure 3 of Varn, Varn provides a trough-like
area for the hand and fingers ahead of the hand-entry opening
66. From Figure 1 of Varn it appears that the entire hand and
fingers fit into this trough-like area. If the entire hand and
fingers are contained in this trough-like area, then certainly
the dorsal portion of the hand and fingers is contained or
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