Appeal No. 2000-0606
Application No. 08/755,435
folded ends and free ends." The examiner does not explicitly
contest this statement but points out on page 4 of the answer
that "interfolded sheets or napkins can come in a variety of
types of interfolds." In the absence of an express definition
in appellants' specification, we interpret "interfolded" in
accordance with its conventional usage as folded together or 1
inside one another. We also note that appellants' claims are2
not limited to any particular type of interfolding or any
particular napkin material, thickness, dimensions or surface
characteristics. Furthermore, the claims do not specify any
relationship between the dimensions of the napkins and the
dimensions of the dispenser housing, slot or finger access
portion.
1In proceedings before it, the PTO applies to the verbiage of 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). Moreover,
absent an express definition in their specification, the fact that appellants
can point to definitions or usages that conform to their interpretation does
not make the PTO's definition unreasonable when the PTO can point to other
sources that support its interpretation. Id., 127 F.3d at 1056, 44 USPQ2d at
1029.
2 Webster's New World Dictionary, Third College Edition (Simon &
Schuster, Inc. 1988).
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