Appeal No. 95-4761
Application No. 08/012,781
500 µm and 200 Angstroms (0.02 µm), respectively. The
Examiner relies on a dictionary definition of the word "order"
to support his position that the prior art 500 µm and .02 µm
grid diameter sizes meet the claimed requirements.
It is our view, however, that the Examiner has taken the
term "order" out of context. Terms in claims are to be given
their ordinary and accustomed meaning, unless it appears that
the inventor used them differently. Envirotech Corp. v. Al
George, Inc., 730 F.2d 753, 759, 221 USPQ 473, 477 (Fed. Cir.
1984). See also Hoechst Celanese Corp. v. BP Chems. Ltd., 78
F.3d 1575, 1578, 38 USPQ2d 1126, 1129 (Fed. Cir. 1996). The
clear language of independent claims 14 and 17 uses the phrase
"on the order of 10 µm" to describe the size of the grid
diameter. We note that Webster's Ninth New Collegiate
Dictionary provides a definition of "on the order of" as
meaning "about, approximately." "Such broadening usages as
"about" must be given reasonable scope; they must be viewed by
the decision maker as they would be understood by persons
experienced in the field of the invention. Although it is
rarely feasible to attach a precise limit to 'about,' the
usage can usually be understood in the light of the technology
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