Appeal No. 97-1019
Application 08/063,463
extending, along the margin, or circumference, of the
post 30 or 52 or 56 or 70. Likewise, the lower opening
of the posts 30, 52, 56, 70 is located at the end or
border, (margin), of the respective post[s]. [Answer,
page 5.]
We must point out, however, that terms in a claim should be
interpreted in a manner consistent with the specification and
construed as those skilled in the art would construe them (see In
re Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir.
1990), Specialty Composites v. Cabot Corp., 845 F.2d 981, 986, 6
USPQ2d 1601, 1604 (Fed. Cir. 1988) and In re Sneed, 710 F.2d
1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983)). Here, the
appellants’ specification describes the open areas in the
following manner:
Each of the side edges 130-133 of utility post foot has
an open, notched out area 31-36 located at a generally
medial or central portion thereof. Each of the open
foot notches 31-36 is defined by a base edge 137, and
opposing side edges 138 in a generally U-shaped plan
configuration. [Page 23; emphasis ours.]
Moreover, as the appellants have argued in the paragraph bridging
pages 1 and 2 of the reply brief, a dictionary definition of
“margin” is “a border; edge; brink; . . . .” Accordingly,
consistent with the appellants’ specification, one of ordinary
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