Ex parte SCHOESSOW - Page 6




          Appeal No. 96-0079                                                          
          Application No. 08/114,391                                                  


          a feed hopper and that the plates 16 are preferably rigidly                 
          welded in place.  The American Hertigage Dictionary, Second                 
          College Edition (1982), defines "permanent" as "Fixed and                   
          changeless; lasting or meant to last indefinitely."                         


               Our review of the specification, as originally filed, and              
          the dictionary definition leads us to conclude that one of                  
          ordinary skill in the art would understand the terminology                  
          "permanently affixed" as recited in claim 1 to mean that the                
          hopper is nonremovably affixed (such as by welding) in the                  
          livestock feeding structure.                                                


               Additionally, we find it necessary to construe the                     
          terminology "one side of the structure" recited in claims 1 and             
          4.  In the description of the invention (specification, p. 3),              
          the appellant explains that gates, such as gate 12 in Figures 1             
          and 2, may be provided along one or both sides of the wagon.                
          Thus, the appellant's specification clearly distinguishes the               
          sides of the wagon 10 from the ends of the wagon (i.e., end                 
          frames 15 and 26 seen in Figures 1 and 2).  Our review of the               
          specification, as originally filed, thus leads us to conclude               
          that one of ordinary skill in the art would understand that the             

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