Appeal No. 1998-2610 Page 4
Application No. 08/451,950
negates anticipation." Kloster Speedsteel AB v.
Crucible, Inc., 793 F.2d 1565, 1571, 230 USPQ 81, 84
(Fed. Cir. 1986).
With these principles in mind, we consider each rejection. We
start with the rejection relying on Yoshii.
Rejection relying on Yoshii
The examiner asserts, "the coil spring (6) or the
metallic sleeve (12) in Yoshii ... are [sic] inherently formed
of the metallic particles. These metallic particles of the
metallic
coil or sleeve or plate in Yoshii ... are embedded in the
earplug." (Examiner's Answer at 4.) The appellant argues, "a
coil spring, a metal mesh sleeve ... are all parts, not
particles ...." (Appeal Br. at 4.)
"[W]hen interpreting a claim, words of the claim are
generally given their ordinary and accustomed meaning, unless
it appears from the specification or the file history that
they were used differently by the inventor.” In re Paulsen,
30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994)
(citing Carroll Touch, Inc. v. Electro Mechanical Sys., Inc.,
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