Ex parte FAILOR - Page 4




          Appeal No. 1999-0213                                       Page 4           
          Application No. 08/814,550                                                  


          sections slopes.  Argument (2) is likewise more narrowly drawn              
          than the language of claim 1, since there is no recitation in               
          the claim that the trays are separate from the unitary body.                


               However, we do agree with appellant’s argument (3) to the              
          extent that we do not consider that the “trays” 6, 7, 8, 6',                
          7', 8' in Vaccaro’s front and rear sections are “beneath the                
          level of said center section”, as claimed.  Words in a claim                
          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).  In the present case, the bottom of Vaccaro’s             
          center section (the portion of the carrier box between handle               
          straps 16) is on the same level as the bottom of the                        
          compartments in the front section and in the rear section,                  
          since the bottoms of all three sections are apparently made of              
          a single flat piece of material (see Figs. 4 and 5).  To                    
          describe the compartments in the front and rear sections as                 
          being “beneath the level of the center section” when their                  
          bottom surfaces are in fact on the same level as the center                 
          section would be to give the quoted language a meaning other                







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