Appeal No. 2002-0510 Page 8
Application No. 09/139,309
because the disclosure sets forth various parameters describing the relationship of the
layers." (Appeal Br. at 9.)
Here, claim 11 specifies in pertinent part the following limitations: "a second layer
of variable voltage protection material in contact with the first layer . . . and a third
layer of variable voltage protection material in contact with said second layer. . . ."
(Emphases added.) The term "contact" is defined as "the coming together or touching
of two objects or surfaces." American Heritage Dictionary at 315. Giving the terms in
the claim their ordinary and accustomed meaning, we conclude that one skilled in the
art would understand that the limitations require that surfaces of the claimed layers
touch one another.
Fourth, the examiner asserts, "[i]n claim[] . . . 31, 'which is in direct contact with
an electrical conductor' is not clear where no such conductor is claimed, as it is not
clear if the contact or conductor is required, and since it is not claimed, it cannot be in
contact therewith." (Examiner's Answer at 4.) The appellants argue, "[t]he relationship
between the layer of neat dielectric polymer or glass and the electrical conductor is
clearly and unambiguously set out." (Appeal Br. at 8.)
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