Ex parte RICHARDSON - Page 10




          Appeal No. 96-2597                                                          
          Application No. 08/187,529                                                  


          Multiform Desiccants Inc. v. Medzam Ltd., 133 F.3d 1473, 1477,              
          45 USPQ2d 1429, 1433 (Fed. Cir. 1998).  Appellant argues at                 
          page 6 of the brief that Barringer’s straps 44 and 60 "offer                
          no ‘stabilizer’ function or structure whatsoever insofar as                 
          that term is defined by Appellant."  However, appellant does                
          not identify, nor do we find, where in his disclosure the term              
          "stabilizer" is defined; therefore, it must be given its                    
          broadest reasonable interpretation.                                         
               Appellant argues that Barringer’s straps merely loosely                
          encircle the user’s body and, in his reply brief, asserts that              
          they do not conform to dictionary definitions of "stabilize,"               
          i.e., "Barringer’s device [does not] ‘hold[] steady’ or                     
          ‘make[] stable’ (especially against lateral motion)-- [it]                  
          merely provides a sort of dangling support" (reply brief, page              
          2).  We do not agree.  Strap 44 supports the frame at the                   
          user’s waist (col. 2, lines 15 and 16) while strap 60, being a              
          "keeper" (col. 2, lines 25 and 26) prevents the frame from                  
          swinging away from the user (to the user’s right, in Fig. 1).               
          Even though the straps may be "loose," as appellant argues,                 
          that does not preclude them from acting as stabilizers.                     


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