Appeal No. 2001-2198
Application 09/378,802
In interpreting the claim terms “engage” and “disperse” as
found in claim 1, these claim terms are not otherwise defined in
the specification, and we give them their ordinary and customary
meanings. “Engage” means to contact, and “disperse” means to
spread widely or disseminate. Turning to the Osborne patent, it
is our opinion that Osborne cannot be said to comprise a
mechanism that disperses waste ink. Osborne’s disclosure is
clear. A rotating “ferris wheel” spittoon 70 receives ink from
pens 30, 32 when they are located above the spittoon in spitting
position. The ink is spit through aperture 86 directly onto the
spittoon 70. To remove the ink from the spittoon, the spittoon
is rotated so that scraper blade 90 scrapes ink from the annular
bottom portion 82, and the ink falls by gravity into pile 96.
Any residual liquid may be absorbed by diaper 91. We are in
agreement with the examiner that “engage” is a relatively broad
term, and the spittoon 70 of Osborne can be said to move in
rotary motion and engage spitted ink. However, we do not view
the action of Osborne in rotating the ferris wheel spittoon and
scraping as “indirectly” dispersing waste ink by the scraper 90.
The section 102 rejection of claim 1 is reversed.
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