Ex Parte Baudendistel et al - Page 7




          Appeal No. 2004-1553                                                        
          Application No. 09/915,631                                                  


          interpretation of the term “connected” as used in appealed claims           
          1 and 10 when the claims are read in light of appellants’                   
          specification.  Based on this claim interpretation, we cannot               
          support the examiner’s strained position to the effect that plate           
          42 of Yamakado is indirectly connected to the vehicle frame                 
          through either the controller component 167 and the engine mounts           
          162a and 162b or, alternatively, through the engine 161 and the             
          engine mounts.                                                              
               We reach a similar conclusion with respect to the examiner’s           
          treatment of independent claim 19.  Consistent with appellants’             
          specification3, and as normally applied in the structural sense,            
          we consider that the claim terminology calling for a plate “fixed           
          relative to” a component or frame to connote a plate that is                
          “fastened” to or “made fast to” a component or frame, both of               
          which are past tense equivalents of dictionary definitions of the           
          verb “fix.”  On the other hand, we do not find any dictionary               
          definition of the verb “fix” which would allow the phrase “fixed            
          relative to” to encompass the sort of relationship disclosed in             
          Figures 4 and 17 of Yamakado between either of the electrodes 41,           
          42 of sensor 163 and the frame of the vehicle.  Based on this               


               3Ib.                                                                   
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