Ex Parte Knebel et al - Page 5



          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           
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