Appeal No. 2002-2039 Page 12
Application No. 09/258,712
120 as shown in Figure 2. Thus, the disc-like portion, which the appellants consider to
be a separate spacer, is part of the needle valve.
Second, it is our opinion that the claim language argued by the appellants (i.e., a
needle valve member having an upper guide portion positioned in said upper guide
bore) is readable on Sturman's needle valve 120 which has an upper portion (i.e., the
disc-like portion which the appellants refer to as a spacer) positioned in the bore of
housing member 108 as shown in Figure 2. In our view, the bore of Sturman's housing
member 108 guides3 the upper portion of Sturman's needle valve 120 since it clearly
directs the course of the upper portion of Sturman's needle valve 120. Moreover, it is
our view that even if the term "guide" as used in the claims under appeal was given the
more restrictive meaning4 as set forth by the appellants, the bore of Sturman's housing
member 108 guides the upper portion of Sturman's needle valve 120 since there is no
disclosure in Sturman that the bore of Sturman's housing member 108 provides a loose
fit for the upper portion of Sturman's needle valve 120. In fact, it is our opinion that
absent evidence to the contrary, an artisan would have viewed the bore of Sturman's
3 The American Heritage Dictionary, Second College Edition, (1982) defines the verb "guide" as
"to direct the course of."
4 The United States Patent and Trademark Office (USPTO) applies to the verbiage of the claims
before it 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 appellant's
specification. In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997). See also In re
Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).
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