Appeal No. 1998-0205
Application No. 08/464,150
reference shows a slight degree of tilt of the holder. The relevant issue is whether the claims distinguish
over the degree of tilt disclosed by the reference.
The word “substantially” has more than one distinct connotation, but one accepted meaning is
“being largely but not wholly that which is specified.” Webster’s Ninth New Collegiate Dictionary,
1990. As such, “substantially” often finds use as a broadening term in claim drafting. Appellant does
not point to anything in the specification that discloses that the invention requires that the cassette holder
be absolutely, or near absolutely, level or parallel with the slide chassis. Appellant does not point to
anything in the specification that sets forth any range, narrow or otherwise, with respect to what may be
considered “substantially level,” or “substantially parallel to [the] slide chassis,” as the terms are used in
Claim 5.
We therefore consider the scope of Claim 5, with respect to the recitations “substantially level,”
and “substantially parallel to [the] slide chassis,” to include structures as shown in Figures 1A and 1B of
Kim. Claims are to be given their broadest reasonable interpretation during prosecution. See In re
Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997);
In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Prater, 415 F.2d
1393, 1404, 162 USPQ 541, 550 (CCPA 1969).
We also find appellant’s second argument unconvincing. As set out on page 7 of the Brief,
appellant submits that “[t]he purpose of the housing shaft 14 and associated gears 14a and 13c, as
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