Ex Parte CHISHOLM et al - Page 5



          Appeal No. 2003-1227                                                        
          Application No. 09/049,161                                                  

          quoted from Microsoft Bookshelf Basics dictionary).                         

               Appellants refer to Webster’s New World Dictionary, Second             
          College edition, p. vii (1982).  While not quoting a definition             
          from that source, appellants indicate that the source defines               
          “attitude” as something “unlike position or orientation” (reply             
          brief-page 4), with position referring to location of a vehicle             
          and orientation referring to the heading of a vehicle.                      
          Appellants contend that “attitude” is a description of a                    
          vehicle’s or structure’s “alignment in three-dimensional (or                
          other dimensional) space, with respect to a given plane or other            
          reference” (appeal brief-page 4).                                           
               Since the instant specification does not specifically define           
          what is meant by “attitude,” we are left without a specific                 
          meaning to ascribe to the claimed term.  The examiner’s                     
          definition of a position of a body does not seem appropriate                
          since appellants use this term in addition to “position.”  The              
          examiner’s definition of a “manner of carrying oneself” does not            
          seem technical enough for our use.  The claims are directed to              
          positioning a structure, not a human body.  Thus, we are left               
          with appellants’ interpretation of “attitude” as being a                    
          description of a structure’s “alignment in three-                           
                                         -5–                                          




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