Appeal No. 2001-0436
Application No. 09/040,361
the word “under” may mean “beneath the surface of.” However,
appellants’ transmission unit 10 as shown in Figure 1 is not
vertically aligned with engine unit 1, but rather offset to the
right of the engine unit. This being the case, it is not clear
how the transmission unit 10 can be “under” (i.e., beneath) the
engine unit 1 based on the above noted commonly accepted
definition of “under.” While appellants may have intended the
word “under” to have a specialized meaning within the context of
the present invention, it is not clear what that specialized
meaning might be. Accordingly, when the claim terminology “said
engine assembly comprises an engine unit and a transmission unit
which is disposed under said engine unit” is read in light of its
supporting specification, we are left to speculate as to
precisely what the word “under” appearing therein may mean.
Another instance of claim terminology whose meaning is not
clear is found in the last paragraph of claim 1, which calls for
a transmission unit projecting rearward toward a passenger
compartment of the vehicle body and forming a recess “between an
upper portion of said engine unit and said transmission unit.”
As shown in Figure 1, appellants’ transmission unit 10 is not in
vertical alignment with engine unit 1, and in particular the
intake manifold 8 thereof, but rather offset to the right of the
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