Ex parte HINKLE et al. - Page 6




              Appeal No. 2000-0503                                                                     Page 6                
              Application No. 08/902,031                                                                                     


              specification.  In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).                      
              Moreover, absent an express definition in their specification, the fact that                                   
              appellants can point to definitions or usages that conform to their interpretation does not make               
              the PTO's definition unreasonable when the PTO can  point to other sources that support its                    
              interpretation.  Id., 127 F.2d at 1056, 44 USPQ2d at 1029.                                                     
                      Claim 83 requires, inter alia, "an attachment means whereby said attachment means                      
              communicates with said support frame and said tank."  As the appellants' specification does not                
              define "communicate," we interpret this term as "to be connected"  and thus conclude that the2                                           

              claimed attachment means is fully met by the skirt rings 32, cross supports 25 and sills 23 of                 
              Toth.  Moreover, as discussed in column 2, lines 45-63, the skirt rings provide for transfer of                
              longitudinal and bearing  forces across a large portion of the vessel body and secondary3                                                                                      

              mounting of the hopper to the frame is accomplished through the use of side sill angles welded                 
              to the center longitudinal beams for efficient transfer of bearing forces, longitudinal and                    
              transverse (lateral) forces.  Thus, even if the term "communicates" is interpreted as requiring                
              not only connection but also transmission of forces between the tank support frame and the                     
              tank, we find that the attachment means comprising skirt rings 32, cross supports 25 and sills                 
              23 of Toth satisfies this limitation.                                                                          


                      2Webster's New World Dictionary, Third College Edition (Simon & Schuster, Inc. 1988).                  
                      The term "bearing" is defined as "that bears and supports weight" (Webster's New World Dictionary,3                                                                                                     
              Third College Edition (Simon & Schuster, Inc. 1988)).                                                          







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