Appeal No. 2007-0382
Reexamination 90/007,172
contends that Cole does not describe “a continuous layer” (i.e., the flexible vinyl
polymer coating over the compressible structure of the insole) because, unlike the
claimed invention in which the coating may be obtained by dipping or immersing
the insole into a vinyl polymer, Cole’s covering is fastened or stitched together.
(Appeal Brief at page 6-7.)
We disagree. The Patent Owner’s position is vitiated by the actual claim
language and the specification. Appealed claim 1 does not expressly preclude the
presence of stitch holes (assuming that they are present) on the “continuous layer.”
Nor does the ‘598 patent specification contain a scope limiting definition of the
term “continuous layer” so as to preclude stitch holes. Absent such express claim
limitation or a limiting definition in the specification, we are obligated to give
terms their broadest reasonable construction.
While the Patent Owner would have us believe that stitches would render the
PVC covering not “continuous,” we have not been directed to any basis to give the
term “continuous” such a narrow construction. Nothing in the language of
appealed claim 1 or the specification indicates to one skilled in the relevant art that
the uncovered portions of the compressible structure excludes stitch holes.
This determination is consistent with the dictionary definition of the term
“continuous.” According to the dictionary of record, the term “continuous” may
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