Appeal No. 98-0806
Application No. 08/693,588
Fritzberg to the first compression clip in view of the
teachings of McMichael. The appellant, however, argues that
"tying," especially when interpreted with reference
to Applicant's specification, means "fastening or
securing with or as if with a cord, rope or strap,"
or "fastening by drawing together the parts or sides
and knotting with strings or laces." American
Heritage Dictionary, p. 1874 (3d ed., Houghton
Mifflin, 1992). McMichael's alleged "means for
tying" is disclosed to be a "metallic link of wire"
which is "bent and looped" but is not "tied" in the
ordinary sense of the word. McMichael, col. 4,
lines 36-37 and 52-54. [Brief, pages 11-12.]
We find ourselves in agreement with the appellant's
position. As the appellant has noted, McMichael teaches a
metallic link of wire 26 that is bent and looped. In support
of the position that the wire link 26 of McMichael can be
considered to teach a step of, or means for, "tying," the
examiner has cited a dictionary definition of the "tie" as
meaning "to restrain from independence freedom of action or
choice" (answer, page 7). We must point out, however, that
the indiscriminate reliance on definitions found in
dictionaries can often produce absurd results. In re Salem,
553 F.2d 676, 682, 193 USPQ 513, 518 (CCPA 1977). Instead,
the terms in a claim should be interpreted in a manner
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