Ex parte ARVIDSSON - Page 12

                Appeal No. 95-3114                                                                                                            
                Application 08/051,800                                                                                                        

                         3.      The device as claimed in claim 1, wherein the anchorage                                                      
                portions are lamellar and are disposed between a strip and an                                                                 
                adjacent portion of the vehicle body, the anchorage portions                                                                  
                being fixed in this position by fastening means for the strip                                                                 
                which also fasten the anchorage portions in the vehicle body.                                                                 

                Claim 3 requires, first, that the anchorage portions be                                                                       
                “lamellar.”  In interpreting this term, we will give it its                                                                   
                “ordinary and accustomed meaning, unless it appears that the                                                                  
                inventor used [it] differently.”  Envirotech Corp. v. Al George,                                                              
                Inc., 730 F.2d 753, 759, 221 USPQ 473, 477 (Fed. Cir. 1984).  In                                                              
                the specification, the term “lamellar” is used only to describe                                                               
                the anchorage portion 15 of the second embodiment (Fig. 2) (page                                                              
                3, line 15; page 7, line 36).  Anchorage portion 15 is shown in                                                               
                Fig. 2 as a flat piece, and is described on page 8, line 1, as a                                                              
                “sheet strip.”  This is consistent with the dictionary definition                                                             
                of “lamellar” as “lamellate”, i.e., “flat; platelike,”  and it is                         5                                   
                evident that the Fig. 1 species does not fit this definition,                                                                 
                since anchorage portion 13 is not flat, but is bent to grasp                                                                  
                projection 9 (page 6, line 29, to page 7, line 1), and has a                                                                  
                projecting tongue 14.                                                                                                         
                         Claim 3 also provides that the anchorage portion is fixed in                                                         
                position “by fastening means for the [masking or sealing] strip                                                               

                         5   The American College Dictionary (Random House, 1970).                                                            

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Last modified: November 3, 2007