Appeal No. 2006-0699
Application No. 90/005,937
1 of the protective strip of Gagne do not locate and retain the
2 photoluminescent strip. (Appeal Brief, page 7, lines 11-12). The
3 basis for this statement is that Gagne states at column 5, lines
4 4-7 that:
5
6 [T]he electroluminescent lighting element 90 is thereby
7 disposed between the receptacle 50 and the protective top
8 cover 70, and is retained in place by way of double sided
9 tape 51 [sic-99]
10
11
12 According to the Appellant, this statement means that Gagne
13 does not suggest or teach the claimed invention, in that Claim 27
14 requires the side portions of the light transmissive plastic
15 material locate and retain the elongate photoluminescent strip.
16 (Appeal Brief, page 8, lines 28-29). The appellant urges that it
17 is the recess and double-sided tape of Gagne that retain the strip
18 in place, not the protective cover.
19 First, we need determine what the term “locate and retain”
20 means.
21 In examining a patent claim, the PTO must apply the broadest
22 reasonable meaning to the claim language, taking into account any
23 definitions presented in the specification. In re Yamamoto, 740
24 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir. 1984). Words in a
25 claim are to be given their ordinary and accustomed meaning unless
26 the inventor chose to be his own lexicographer in the
7
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