Ex Parte Bayer et al - Page 6




             Appeal No. 2004-0622                                                          Page 6              
             Application No. 09/875,602                                                                        


             or “the length of such a line.”1  Appellants’ reference to an “edge radius” would thus            
             lead one of ordinary skill in the art to conclude that the doctor blade of appellants’            
             invention has a curved edge, with “edge radius” referring to the radius of curvature of           
             such curved edge.  That the doctor blade has a curved edge appears to be confirmed                
             on page 7 of appellants’ specification, which refers to “an approximately circularly              
             arcuate doctor blade edge 22 placed against the surface 6 of the ink applicator roller            
             2.”2  Appellants’ specification, however, defines “edge radius” on page 4 as “the cross           
             sectional width of the edge surface which [is] placed against the surface of the printing         
             roller.”  We recognize that an applicant can be his own lexicographer provided the                
             applicant's definition, to the extent it differs from the conventional definition, is clearly     
             set forth in the specification.  Beachcombers Int’l, Inc. v. WildeWood Creative Prods.,           
             Inc., 31 F.3d 1154, 1158, 31 USPQ2d 1653, 1656 (Fed. Cir. 1994).  In this instance,               
             however, appellants’ definition, even viewed in light of the remainder of the specification       
             and drawing, fails to paint a clear picture of what an “edge radius” is or how it is to be        
             measured.  For example, a doctor blade may have an arcuate blade edge, only a                     
             portion of which contacts the surface of the roller when the blade is pressed against the         
             roller.  It is thus not clear whether the “edge radius” is the width of the entire arcuate        
             edge or only that portion of the edge which contacts or is “placed against” the surface of        


                   1 Webster's New World Dictionary, Third College Edition (Simon & Schuster, Inc. 1988).      
                   2 It is worthy of note, however, that appellants’ drawing figure does not clearly illustrate an arcuate
             blade edge, inasmuch as the details of edge 22 pressed against the surface 6 of the ink applicator roller
             cannot be deciphered from the drawing.                                                            





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