Ex parte GIBSON - Page 8




          Appeal No. 1998-1188                                       Page 8           
          Application No. 08/628,556                                                  


          independently hinged elements 4 together form a “monolithic”                
          member.                                                                     
               It is a well-settled maxim of our patent law that, in                  
          proceedings before the Patent and Trademark Office, claims                  
          must be given their broadest reasonable interpretation                      
          consistent with the specification, and that the claim language              
          cannot be read in a vacuum, but instead must be read in light               
          of the specification as it would be interpreted by one of                   
          ordinary skill in the pertinent art.  See In re Sneed, 710                  
          F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).  With                  
          that in mind, we understand the word “monolithic” as used in                
          claim 18 to mean one-piece.  This interpretation of the word                
          “monolithic” is also consistent with the dictionary definition              
          of the word.   Neither the independently hinged elements 4 of2                                                               
          UK ‘967 nor the independently hinged handles 14 and 15 of Hall              
          constitute a one-piece member.  Thus, we conclude that the                  
          combined teachings of the applied prior art fail to teach or                
          suggest the claimed subject matter.                                         


               2 Webster’s Third New International Dictionary of the English Language,
          Unabridged, G. & C. Merriam Co., Springfield, MA, 1971 (hereinafter Webster’s)
          defines “monolithic” as "constituting one massive undifferentiated whole    
          exhibiting solid uniformity often without diversity or variability.”        







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