Appeal No. 2003-0396 Page 6
Application No. 09/698,570
and 5" (brief, page 4) is not commensurate in scope with claim 3, as such language
does not appear in claim 3. It is well established that limitations not appearing in the
claims cannot be relied upon for patentability. In re Self, 671 F.2d 1344, 1348, 213
USPQ 1, 5 (CCPA 1982).
Claim 3 does require that the first electrical connector of a first car engage the
second electrical connector of a second car as the pneumatic connector of the first car
is connected to the pneumatic connector of a second car. To the extent that appellant’s
argument is that this limitation is not met by Gardner, we do not agree. The contacts 72
of Gardner’s connectors are received into the contacts 74 of the mating connector when
the tabs 20 are received in the slots 22 of the other connector, as discussed above.
The electrical connectors of Gardner’s connectors “engage”3 the connectors of the
other connector at this point. As the pneumatic connectors (lumens 18) are connected
by movement of the two connectors together with the tabs 20 of one connector being
received in the slots 22 of the other connector and rotation of the coupling nuts 30,
during which time the electrical connectors engage one another, the pneumatic
connectors are connected as the electrical connectors engage one another, as called
for in claim 3.
3 The term “engage” is understood to mean to interlock; mesh. Webster's New World Dictionary,
Third College Edition (Simon & Schuster, Inc. 1988).
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