Appeal No. 2006-0699
Application No. 90/005,937
1 and
2 A backing plate is secured to the floor of the cabin
3 where the tracking is required to run. This plate either
4 has locator holes or studs, it can work either way,
5 along its length. The carpet is laid on top of it and
6 the photoluminescent tracking (it will have to be a
7 lower profile than the present one) is married up and
8 pressed home attaching to the backing plate. Although
9 the attachment could work male to female, or female to
10 male, we feel that the studs should be on the back plate
11 as it would be far easier to locate. (column 9, lines
12 10-18)(emphasis added).
13
14 As used here, “locate” given a broad, reasonable meaning,
15 means to physically fix in a position.
16 Thus, we agree with the appellant that the instant claim
17 requires the sidewalls of the top plastic transmissive layer to
18 physically determine the location of the photoluminescent material
19 and to physically keep it in its position ( “ . . . a light-
20 transmissive plastic material extending continuously over the
21 elongate photoluminescent strip to protect it and having opposed
22 side portions that locate and retain said photoluminescent strip
23 forming a channel . . .”)(Claim 27).
24 The Appellant states that it is not the protective cover of
25 Gagne which does any of this function because of the disclosure of
26 (1) double sided tape which retains the lighting element and (2)
27 the recess sidewalls which locate the lighting element. We agree
28 with this interpretation of Gagne.
29
9
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