Appeal No. 2006-0696
Application 90/005,546
Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir. 1990). Hence, we look to the
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specification to determine the meaning of interleave and what is being interleaved. The
specification teaches that the robotic arm interleaves the steps of the individual analysis
procedures by transporting “different samples in a time efficient sequence rather than a process
ordered sequence.” (5,355,439, col. 16, lines 48-66). Interleaving is accomplished when the
robotic arm transports a sample to a work station and then, before working on that sample, the
arm moves another sample through another analysis procedure before returning to the first
sample (id. at col. 16, line 62, to col. 17, line 3). What is being interleaved are the steps of more
than one independent analysis procedure. The steps of one independent analysis procedure may
be the same or different than the steps of another independent analysis procedure (id. col. 4,
lines 19-22).
Lindsey appears to describe interleaving the steps of a plurality of individual analysis
procedures as claimed. Lindsey describes steps of several individual analysis procedures running
simultaneously. Each procedure has multiple “steps” or stages (e.g., plate dispensing, sample
application, plate development and plate densitometry). The procedures are processed
simultaneously “with interleaving-segmented schedules” for the steps within each procedure
(Lindsey Abstract). Figure 5 on page 947 of Lindsey illustrates that when the robotic arm is
3We reject appellants’ notion that, because the term is not defined in the specification,
“interleave” must be interpreted by looking to the dictionary definition of interleave (Brief at 22).
Contrary to applicants’ argument, interleaving is described in applicants’ specification, and thus
it would be improper to give a dictionary definition to that word over the meaning of the word
in the specification. Phillips v. AWH Corp., 415 F.3d 1303, 1320-1324, 75 USPQ2d, 1321,
1332-1335 (Fed. Cir. 2005).
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