Appeal No. 1999-0681
Application No. 08/697,478
“conically shaped wall” in that it may include shapes other than conical shapes, namely a
cylindrical shape. We do not agree with this interpretation. Moreover, it is not supported
by appellant’s specification as filed.
In our decision, we never intimated that the appealed claims literally recite a
“conically shaped wall.” We did, however, refer to the claimed “conical shaped wall” as
a “conically shaped wall” because the expression “conical shaped wall” is grammatically
incorrect.1 In this regard, the word “conical” is an adjective and therefore may only serve
to modify a noun or a pronoun. However, the word “shaped” is not a noun or a pronoun,
but instead is the verb “shape” in the past tense. Therefore, the use of the adverb
“conically” is grammatically appropriate for modifing the verb “shaped” in the past
tense.2 In short, the words “conical” and “conically” are modifiers and, in substance,
mean the same thing, the only difference being a grammatical one.
Furthermore, we disagree with appellant’s contention on page 2 of the request for
rehearing that the dictionary definition for the word “conical” is broad enough to
encompass shapes other than conical shapes. According to its dictionary definition,3 the
word “conical” is defined as resembling or having the shape of cone (which comports
with appellant’s proposed dictionary definition). By definition, therefore, “conical”
excludes shapes (e.g., cylindrical shapes) other than shapes resembling a cone. In short, a
1 Shaw, Errors in English, (2nd ed., New York, Barnes & Noble, 1970) p. 268. A copy of
page 268 is appended to this decision on rehearing.
2 Id.
3 See Webster’s Third New International Dictionary (G. & C. Merriam Company, 1971).
3
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