Ex Parte TOMASINO - Page 7




                    Appeal No. 2001-2649                                                                                                                                  
                    Application No. 09/358,926                                                                                                                            


                    deliberateness, and precision.  In re Paulson, 30 F.3d 1475,                                                                                          
                    1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994).                                                                                                          
                              "[T]he terms used in the claims bear a 'heavy presumption'                                                                                  
                    that they mean what they say and have the ordinary meaning that                                                                                       
                    would be attributed to those words by persons skilled in the                                                                                          
                    relevant art."  Texas Digital Sys., Inc. v. Telegenix, Inc.,                                                                                          
                    308 F.3d 1193, 1201-02, 64 USPQ 1812, 1818 (Fed. Cir. 2002).                                                                                          
                    "Moreover, the intrinsic record also must be examined in every                                                                                        
                    case to determine whether the presumption of ordinary and                                                                                             
                    customary meaning is rebutted."  (citation omitted).  "Indeed,                                                                                        
                    the intrinsic record may show that the specification uses the                                                                                         
                    words in a manner clearly inconsistent with the ordinary meaning                                                                                      
                    reflected, for example, in a dictionary definition.  In such a                                                                                        
                    case, the inconsistent dictionary definition must be rejected."                                                                                       
                    Texas Digital Sys., Inc. 308 F.3d at 1201-02, 64 USPQ at 1818.                                                                                        
                              Our decision hinges upon what is meant by a conductive                                                                                      
                    hollow internally threaded female connector member integral with                                                                                      
                    a conductive end terminal and housing the bullet-shaped wire                                                                                          
                    splaying member.  Appellant's specification states "[a]s shown in                                                                                     
                    Figure 4, the female connector member 12' may be formed                                                                                               
                    integrally with the conductive bullet-shaped member 11' and end                                                                                       
                    terminal 10'."                                                                                                                                        
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