Appeal No. 2006-0699
Application No. 90/005,937
1 specification. Lantech, Inc. v. Keip Mach. Co., 32 F.3d 542, 547,
2 31 USPQ2d 1666, 1670 (Fed. Cir. 1994).
3 Initially, we observe that the terms “locate and retain” are
4 not to be found together in the specification of U.S. 5,961,072.
5 They appear separately, as follows:
6 “Retain”
7
8 Referring to FIG. 1, this shows a molded plastics guide
9 track 16 that has been retro-fitted to an aircraft that
10 originally had an electric emergency floor path lighting
11 system. The original plastics material base section 18
12 is retained. In an electrical lighting system wires and
13 lights are retained in a channel 21, but in the retro-
14 fitted photoluminescent system they have been removed
15 and the top of the channel 21 has been closed by a
16 plastics material support formation 23 which is
17 releasably snap-fitted to hook formations at the top of
18 the side walls of the channel 21. (Column 6, line 60 –
19 column 7, line 2)(emphasis added).
20
21 As used here, “retained,” given a broad, reasonable
22 interpretation consistent with the above usage, means physically
23 kept in a position.
24 “Locate”
25 Preferably a backing member (e.g. a strip or plate) is
26 secured to the floor of the aircraft where the lighting
27 is to be positioned.
28
29 Preferably the carpet is laid on top of the backing
30 member.
31
32 Preferably locating means is provided on the backing
33 member to locate the lighting. The locating means may be
34 holes or studs which co-operate with studs or holes,
35 respectively, on the lighting. (column 4, lines 32-
36 40)(emphasis added).
8
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