Appeal No. 1999-0628 Page 5 Application No. 08/806,503 In proceedings before it, the PTO applies to the verbiage of the proposed claims the broadest reasonable meaning of the words in their ordinary usage as they would be understood by one of ordinary skill in the art, taking into account whatever enlightenment by way of definitions or otherwise that may be afforded by the written description contained in the applicant's specification. In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997). In light of the appellant's underlying disclosure, we read the words "only one set of splines adapted to connect with a yoke and formed on the end thereof" of the claims together so as to denote that the shaft has only one set of splines which are "adapted to connect with a yoke and formed on the end thereof." We do not interpret this language as precluding the output shaft having another set of splines at a location thereon different from "the end thereof" which are not adapted to connect with a yoke or the housing or casing having another yoke which is not mounted on the one set of splines.5 In rejecting claims 1-3, 6-9, 12 and 15 under 35 U.S.C. § 103 as being unpatentable over Keese in view of Arbus, the examiner reads the claimed "output shaft" on the shaft (324) of Keese. Noting that the splined outer end portion of the shaft (324) is shown extending into the bearing cage (310) of the auxiliary reduction gear housing (300) and, thus, is not 5If given the latter, more limited interpretation, the claims as now amended would appear to lack adequate descriptive support as required by the first paragraph of 35 U.S.C. § 112. Specifically, the appellant's specification and drawings (note the "fragmentary" views; specification, pages 2-3) disclose details only of the output end of the housing or casing and output shaft. Since the upstream portions of the shaft and housings or casings are neither illustrated nor described, the presence or absence of additional splines thereon cannot be determined.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007