Ex parte LIVEOAK et al. - Page 4




          Appeal No. 97-0331                                                           
          Application 08/359,562                                                       


               examiner feels that the end of the paddle of MALM shown                 
               in figure 1 and above the forearm of the swimmer is at                  
               a point near the elbow. [Page 9.]                                       
               While we agree with the examiner that the paddle of Malm                
          (when used in the manner depicted in Fig. 1) has the capability              
          of being pivoted such that the end thereof will bear against the             
          forearm of the user, it is readily apparent that the end of the              
          paddle will bear against the user’s forearm at a point a short               
          distance above the wrist.  While we appreciate the various                   
          dictionary definitions cited by the examiner, we must point out              
          that the indiscriminate reliance on definitions found in                     
          dictionaries can often produce absurd results.  See In re Salem,             
          553 F.2d 676, 682, 193 USPQ 513, 518 (CCPA 1977).  Instead, 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, viewing Fig. 1 of the appellant's drawing, it is readily               
          apparent that the end of the paddle bears against the forearm of             
          the user a very short distance from the elbow and the                        
          specification on page 8 states that the fact that the end of the             
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