Interference No. 103,141
“enclosed on all sides.” “Orifice” has been defined as “an
opening or aperture as of a tube or pipe.” The open-ended18
pipe of the Japanese application does not surround or enclose
the powder on all sides. Further- more, as the second
definition makes clear, the opening at the
end of the pipe is customarily regarded as an orifice.
Accord- ingly, we agree with the conclusion of Judge Smith
that the embodiment that is described in the Japanese
application is not within the scope of count 3.
Sawada argues that, based on the definition of
“cladding,” the normal metal need only “cover or overlay” the
oxide powder. Sawada Brief at 18. We disagree. The count
explicitly uses the term “surround.” Sawada cannot by
argument transmute explicit count limitations into other
limitations more favorable to his position.
We are in agreement with Sawada that the count is
not ambiguous and that it should be given its broadest
reasonable interpretation. In our view, Judge Smith has done
18Random House Dictionary of the English Language,
2nd Unabridged Edition, N.Y., N.Y. 1987 at 1917 and 1366.
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