Ex Parte Kay et al - Page 8




          Appeal No. 2004-1274                                                        
          Application 09/951,616                                                      


          the splice plate includes a groove having the appearance of a               
          mortal reveal.  Furthermore, we find that Appellants’                       
          specification does not provide a definition for a mortal reveal.            
          On page 1 of Appellants’ specification, it is stated that “stones           
          are joined by mortar and the combination of the stones and the              
          mortar joints provide an aesthetically pleasing appearance”.  The           
          only other aid to the definition is found on page 6 of                      
          Appellants’ specification stating “the color of the splice plate            
          is different from the color of the coping sections 38 such that             
          the portion 92 of the splice plate that is displayed in the gap             
          90 between the coping sections 38 contrasts with the color of the           
          coping sections 38 to give the coping assembly 10 the appearance            
          of a stone and mortar joint coping assembly.”  Furthermore, when            
          we consult Webster’s Dictionary, we find that “mortar” is defined           
          as “a mixture of cement or lime with sand and water, used between           
          bricks or stones to bind them together” and that “reveal” is                
          defined as “to expose to view; show; exhibit; display.1”  Thus,             
          we find that the broadest reasonable interpretation of                      
          Appellants’ claim 1 requires that a portion of the splice plate             

               1Webster’s New World Dictionary, Third College Edition,                
          1988, pages 884 and 1148.  Copy provided to Appellants.                     
                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007