Appeal 2007-0924
Application 10/401,079
Specification for performing the function of storing objects (Ans. 8 and
Reply Br. 7). While the embodiments illustrated in Appellant's Figures 2, 8
and 11 may show compartments or annular chambers for confining the
ribbon in either the container or the cap that are separate from the
compartments for storing the objects, such as pills, Appellant does not
specifically define the compartment for storing the objects, such as pills, as
being separate from the compartment for confining the ribbon. For example,
Appellant's Specification describes that, "[i]n embodiments, as illustrated in
Figure 2," the container 10 includes an inner cylindrical wall 16
encompassed by the outer cylindrical wall 12 (Specification ¶ 27), but does
not expressly require such an inner cylindrical wall in all embodiments
within the scope of the invention. Likewise, the Specification indicates that
"[i]n an embodiment," ribbon 30 is housed in annular chamber 17
(Specification ¶ 29), but does not require such an annular chamber in all
embodiments. Similarly, in discussing Figure 11, Appellant's Specification
states that, "[i]n one embodiment," ribbon 1107 is packed into compartment
1109 (Specification ¶ 46), but does not specify that a separate compartment
is a requirement of all embodiments. The cap for the container is the
structure corresponding to the "means for enclosing the means for storing
objects" recited in claim 16.
We determine the scope of the claims in patent applications "not
solely on the basis of the claim language, but upon giving claims their
broadest reasonable construction 'in light of the specification as it would be
interpreted by one of ordinary skill in the art.'" Phillips v. AWH Corp., 415
reference numeral 12 in fact refers to the outer cylindrical wall of the
container.
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