Appeal No. 1999-2226 Page 6
Application No. 08/582,678
Furthermore, the dictionary definitions of “key” and “keyway” relate to a combination of
structural elements intended to secure one piece to another.3 Thus, it is reasonable to regard the
key 92 and keyway 83 as means for securing, or engaging, the template to the tray 10 of Murphy.
In light of the foregoing, it is reasonable and consistent with the specification to interpret
the securing step of claim 1 to include the various ways that templates 80, 81, engage the tray 10
of Murphy. We here emphasize that Appellant could have further defined the scope of
"securing" by making it clear in the specification what is regarded as securing. However,
Appellant did not do this.
Appellant urges us to consider that “fabricating a pack tray” clearly indicates that the
plurality of modules become part of the pack tray, and that the temporary placement of the
templates of Murphy onto the tray 10 do not make them a part of the tray. (see reply brief, pages
2-3). We disagree.
This Board panel concludes that, plainly, the templates do indeed become a part of the
pack tray, even if only temporarily. That is, the pack tray resulting from the method of
independent claims 1 and 21 is structurally indistinguishable from the template and tray
combination of Murphy. While we recognize that patentee does not intend for his templates to
be permanently engaged with or secured to his tray, the independent claims do not require the
“securing” step to result in permanence. Indeed, the subject specification does not appear to
3Webster’s II New Riverside University Dictionary, 1984, page 663, defines “key -...4. A
device, as a wedge or pin, inserted to lock together structural or mechanical parts...” and
“keyway - 1. A slot in a wheel hub or shaft for a key...”(emphasis provided) (copy of dictionary
definitions attached).
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