Appeal No. 2004-0096 Page 4
Application No. 09/785,273
includes a bisection member which is dimensioned to fit and detachably adhere to an
inside surface of an outlet of a fluid container” and claim 3 recites a bisection member
which is “dimensioned to fit and detachably adhere to an inside surface of an outlet of a
fluid container” wherein the bisection member “has a width dimension of said outlet
such that the edges of the bisection member frictionally engage said outlet to adhere
said bisection member to the outlet.” Inasmuch as the sole dispute in this appeal is
focused on the interpretation of the term “detachable,” as used in appellant’s claims, it
is essential that we understand what is meant by detachable adherence within the
context of appellant’s invention. When understood according to their ordinary and
customary usage, the terms “detachable”1 and “adhere”2 would seem to be inconsistent
with one another so as to render the phrase “detachably adhere” oxymoronic in nature.
We thus turn to appellant’s specification in an attempt to determine what is meant by
this phrase.
Appellant’s specification (page 3) informs us that the bisection member 31 is
“adhered” to divide the inside outlet 10, that an air guide member 32 is “adhered” to
both sides of the lower bisection parts of the outlet and “adhered” to form
predetermined air passageway 40 and that the air guide member 32 is provided to be
“adhered” along the inner surface of the outlet 10 and is provided not to be stuck at the
1 The term “detach” is defined as “to unfasten or separate and remove; disconnect; disengage”
(Webster's New World Dictionary, Third College Edition (Simon & Schuster, Inc. 1988)).
2 To stick fast; stay attached. Id.
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