Appeal No. 1996-1897
Application 08/064,145
claims consistent with appellants’ specification as it would be interpreted by one of ordinary skill in this
art. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997) (“[T]he PTO
applies to the verbiage of the proposed claims the broadest reasonable meaning of the words in their
ordinary usage as they would be understood by one of ordinary skill in the art, taking into account
whatever enlightenment by way of definitions or otherwise that may be afforded by the written
description contained in the applicant’s specification.”).
We consider the meaning of a number of terms which issues were also addressed in the course
of argument at oral hearing. We first consider the term “a plastic material” which appears in claims 12
and 26 through 29 and which is further limited by the term “thermoplastic” in claims 13 and 26. We
find from appellants’ specification as it would be interpreted by one of ordinary skill in this art that these
terms would have their ordinary meaning in the art such as that set forth in The Condensed Chemical
Dictionary Tenth Edition (page 821; italics supplied) : 3
plastic. . . . .
(2) A high polymer, usually synthetic, combined with other ingredients, such as curatives,
fillers, reinforcing agents, colorants, plasticizers, etc.; the mixture can be formed or molded
under heat and pressure in its raw state, and machined to high dimensional accuracy, trimmed
and finished in its hardened state. The thermoplastic type can be resoftened to its original
condition by heat; the thermosetting type cannot.
Plastics in general (including all forms) are sensitive to high temperatures . . . Other types
are combustible when exposed to flame for a short time (polyethylene, acrylic polymers,
polystyrene) . . . .
Engineering plastics are those to which standard metal engineering equations can be
applied; they are capable of sustaining high loads and stresses, and are machinable and
dimensionally stable. They are used in construction, as machine parts, automobile
components, etc. Among the more important are nylon, acetals, polycarbonates, ABS resins,
PPO/styrene, and polybutylene terephthalate.
. . . Plastics may be shaped by either compression molding . . . or injection molding
(ejection of a measured amount of material into a mold in liquid form). The latter is more
generally used, and articles of considerable size can be produced. . . .
. . . .
3Gessner G. Hawley, New York, Van Nostrand Reinhold Company. 1981.
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