Appeal No. 2005-2755 7
Application No. 09/612,403
housing or cowling. See brief page 4, last paragraph. We
take administrative notice that outboard motors are
typically fueled by external fuel tanks, and the relevance
of appellant’s fuel comparison is not immediately apparent.
Since the specification does not define the claim
term, it seems appropriate that the term be given its
broadest reasonable construction as interpreted by a person
of ordinary skill in the art. “Serviceable element” is a
broad term and we are of the view that it should be
construed as any element or part of the engine that
requires periodic or emergency access in order to sustain
or restore full operability to the components. As such,
one of ordinary skill would construe the starter rope
mechanism and the oil injection reservoir as both
qualifying as serviceable elements. Therefore, it can be
seen that the examiner has not misconstrued the claim term,
and appellant’s argument with respect thereto are not
credited.
In summary the rejections of claims 1-19 and 22 under
section 251 are affirmed.
The rejections of claim 19 and 22 under section 103
are affirmed.
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