Appeal No. 2007-0671 Page 4
Application No. 10/836,174
specification provides further insight into how the components of the dispenser
are permanently attached. Specifically, appellant discloses (specification,
paragraph 31) that “[t]he canister [7] includes a nozzle [93] which is received in
and permanently held by an atomizing socket [10]. When the content of the
canister [7] is depleted, the canister and the housing, along with the electronic
counting circuitry . . . are discarded.”
According to the examiner (Answer, page 3), appellant has not limited the
definition of the phrase “permanently attached.” Therefore, the examiner looked
to the Dictionary for a definition of “permanent.” Id. According to the examiner
(id.), the Dictionary defines “permanent” as “continuing or enduring without
fundamental or marked change . . . .” From this the examiner concludes “when
the canister is housed inside the housing it is permanently attached to the
housing as per the broadest reasonable interpretation per dictionary definition.”
We disagree with the examiner’s finding. Instead, we agree with appellant (Brief,
page 4), the examiner’s interpretation of the term “permanent” is in conflict with
the definition the examiner relies upon.
In our opinion, simply placing a canister in a housing does not necessarily
provide for a permanent attachment of the canister to the housing. Instead, it
simply means that the canister is in a housing. Therefore, we find the examiner’s
construction of the phrase “permanently attached” insufficient as it says nothing
3 Appellant’s specification does not identify component “9”. As we understand the figures,
element “9” refer to the nozzle. We will proceed with our deliberations with this understanding of
the figures. We encourage both the examiner and appellant to work together to carefully review
the specification and figures to insure that all numbered elements in the figures are accounted for
in the specification.
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