Appeal No. 2000-0325
Application No. 08/914,365
Creative Prods., Inc., 31 F.3d 1154, 1158, 31 USPQ2d 1653, 1656 (Fed. Cir. 1994) ("As
we have repeatedly said, a patentee can be his own lexicographer provided the patentee's
definition, to the extent it differs from the conventional definition, is clearly set forth in the
specification."); Johnson Worldwide Assocs., Inc. v. Zebco Corp., 175 F.3d 985, 989, 50
USPQ2d 1607, 1610 (Fed. Cir. 1999) (there is a "heavy presumption" that claim language
has its ordinary meaning).
Therefore, absent any special definitions set forth in the specification, we do not
find error in using general dictionary definitions for ascertaining the meaning of common,
ordinary words having no specialized meaning in the art. For example, “arcuate” is
defined as “[h]aving the form of a bow; curved.” American Heritage Dictionary, Second
College Edition (1982). “Continuous” is defined as “[e]xtending or prolonged without
interruption or cessation; unceasing.” Id. Thus, a broad, reasonable definition of
“continuous arcuate wall,” and which is consistent with appellants’ disclosed arcuate
endwall 26 (Fig. 1), refers to a curved wall that extends without interruption or cessation.
Side wall 12 of the Levinsky connector, having curved, smooth, and continuous surfaces,
meets the terms of the recitation, a “continuous arcuate wall.”
Applicants for patent may amend their claims if the language is not limited to the
scope intended. “An essential purpose of patent examination is to fashion claims that are
precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim
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