Ex parte CONSTANTINO et al. - Page 5




            Appeal No. 97-4260                                                                           
            Application 08/445,660                                                                       


                  Turning to FIG. 6, another embodiment of the                                           
                  invention is illustrated.  Minor bosses 19 are                                         
                  arranged in a non-hinge forming pattern as are major                                   
                  bosses 17.  Stepped boss floors 57 may be used in                                      
                  either arrange-ment of major and minor bosses 17,                                      
                  19. In arrangements comprising major and minor                                         
                  bosses 17, 19, two adjacent bosses of the same size                                    
                  will define the line which should not intersect the                                    
                  boss center of the next adjacent boss, regardless of                                   
                  size, to form a non-hinge forming arrangement.                                         
                  From these portions of the specification, it is evident                                
            that the definition which appellants contend should be applied                               
            to the term "non-linear" in the claims is not presented in the                               
            specification as a definition of that term, but as a                                         
            definition of the term "non-hinge forming arrangement".  It is                               
            questionable whether it is sufficiently clear from the                                       
            specification (as required by Multiform Desiccants, supra)                                   
            that this definition                                                                         


            should be the special meaning to be given the term "non-                                     
            linear".                                                                                     
                  However, assuming arguendo that the term "non-linear" as                               
            used in claims 8, 9, 11 and 14 should be construed as argued                                 
            by appellants, we do not consider that the claims are                                        
            patentable over either Shuert or Dresen.  Appellants seem to                                 

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