Ex Parte MCCANN - Page 5




                Appeal No. 1999-2226                                                                                 Page 5                  
                Application No. 08/582,678                                                                                                   

                        Since Appellant clearly discloses that flowing plastic is but one way to secure the                                  
                modules (indeed, this is a further limitation recited in dependent claim 7), and provides no                                 
                further definition of what he means by “securing,” we look to the dictionary definition.                                     
                Webster’s II New Riverside University Dictionary, 1984, defines “secure” at page 1055 “to make                               
                tight or firm : FASTEN” (copy of dictionary definition attached to this decision).                                           
                        Are the templates of Murphy secured, that is, fastened (or made tight or firm), to the tray                          
                10?  We conclude that they are.  Murphy teaches (see col. 7, line 68 to col 8, line 20) that (1) the                         
                template has a vertical keyway 83; (2) the vertical keyway 83 engages2 a key 92 on the tray 10;                              
                (3) a slot 91 in the template engages the central beam 31 of the tray 10; and (4) fingers 84 and 85                          
                on the template engage the front beam 25 and back beam 26, respectively, of the tray 10                                      
                (emphasis provided).  Clearly, the template is secured, or fastened, or made tight or firm, to the                           
                tray 10 against movement in many directions.  Indeed, the template can be moved only in one                                  
                direction, which is vertically upward.  The independent claims on appeal do not expressly or                                 
                implicitly prohibit this one direction movement.                                                                             










                        2Webster’s II New Riverside University Dictionary, 1984, page 433, defines “engage -...7.                            
                To interlock or cause to interlock...”(emphasis provided) (copy of dictionary definitions                                    
                attached).                                                                                                                   





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