Appeal No. 1998-1430
Application No. 08/376,298
F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir. 1990);
Specialty Composites v. Cabot Corp., 845 F.2d 981, 986, 6
USPQ2d 1601, 1604 (Fed. Cir. 1988); and In re Sneed, 710 F.2d
1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983)).
In the present case, it is clear that appellant’s use of
the terms “sheet” and “indentations” is consistent with the
ordinary and accepted dictionary definition of these words. 2
In contrast, the portions of Derderian’s insert member that
the examiner contends form a “sheet” are actually a plurality
of rod-like base members 26 that collectively form a skeletal
framework of hexagons (see particularly Figure 3), and the
portions of Derderian’s insert member that the examiner
contends form “indentations” in the “sheet” are actually a
plurality of flexible legs 32 joined at their ends by
hexagonal cap members 42. We appreciate that in side
elevation, base members 26 of Derderian appear as a planar
2The word “sheet” may mean “[a] broad, thin, usu.
rectangular piece of material, as paper, metal, glass, or
wood” or “[a] broad, flat, continuous surface or expanse.”
The word “indentation” may mean “[t]he . . . state of being
indented,” and the word “indent” may mean “[t]o impress
(e.g., a design): stamp.” Webster’s II New Riverside
University Dictionary, Riverside Publishing Company, copyright
© 1984 by Houghton Mifflin Company.
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