Appeal No. 2005-0510 Application No. 09/883,435 may be afforded by the written description contained in the specification. See In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997). The examiner states that appellants have not defined “immediately adjacent” and thus the reaction chambers of Kim “at least suggest the ‘immediately adjacent’ reaction chambers” as claimed (Answer, page 5). Appellants argue that “immediately adjacent” has its ordinary dictionary definition, meaning that there is no space between the reaction chambers except for the common walls 5 which demarcate them from each other (Reply Brief, page 2, citing the specification, page 24, ll. 12-14). Implicit in our review of the examiner’s obviousness analysis is that the claim must first have been correctly construed to define the scope and meaning of each contested limitation. See Gechter v. Davidson, 116 F.3d 1454, 1457, 1460 n.3, 43 USPQ2d 1030, 1032, 1035 n.3 (Fed. Cir. 1997). We disagree with the examiner since we determine that appellants have defined the term “immediately adjacent” from its use in the specification. We also disagree with appellants’ reliance on a dictionary definition since resort to a dictionary is unnecessary as a reasonable meaning of the contested term is set forth in the specification. However, we agree with appellants’ construction of this contested term as meaning “with only a common wall between them” (Reply Brief, page 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007