Appeal 2007-1400
Reexamination Control 90/006,825
Patent 6,457,239 B1
"lightweight magnet," and McLaughlin has not directed our attention to any
evidence of a specialized meaning of this term in the relevant arts.
According to the application, an object of the invention is to provide
"lightweight, small and moveable means for securing and protecting knife
blades." (239 patent at 2: 10–12.) Villwock teaches a sheath for a
conventional hunting knife that is intended to be worn on a waist belt.
(Villwock at 3: 45 and 3: 55 to 4: 2.) Thus, Villwock teaches a sheath that is
reasonably characterized as lightweight, small, and moveable. Magnets that
are parts of such a sheath are reasonably characterized as lightweight.
The Examiner also finds that Villwock's sheath is made from a single
piece of flexible material because the stitching renders the front wall
inseparable from the back wall, thereby meeting the limitation of claim 7
that "the magnet support and the central hinge are comprised of a single
piece of flexible vinyl, plastic or other flexible material." (Answer at 3.)
McLaughlin denies that Villwock's sheath is "a single structure."
(Br. at 11-12.)
We find, however, that if one picked up any part of Villwock's sheath,
the entire sheath would also be picked up, so it seems to be "a single piece,"
in the broadest reasonable and ordinary interpretation of that term. Just as
an unlined shirt with a non-detachable collar is fairly characterized as being
comprised of a single piece of fabric if it doesn't fall into two or more pieces
in ordinary use, so we find that the limitations recited in claim 7 which
includes the open transitional language "comprised," encompass the sewn
sheath taught by Villwock.
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