Appeal No. 2006-0812
Application No. 09/391,294
Finally, the corner post and the building do not form a part
of the claimed subject matter.
Accordingly, we conclude that the preamble is non-limiting.
Turning to the claim elements, the first is:
a single member having first and second longitudinally
extending portions, the first portion lying in a first plane
angularly disposed with respect to the second portion lying
in a second plane, wherein said first and second
longitudinally extending portions have lengths adapted for
corresponding to the length of the corner of the building and
wherein said single member defines a cornered inner surface
adapted for contacting the building and a spaced apart
cornered outer surface parallel to said cornered inner
surface adapted for contacting the corner post;
The term “single” is used in conjunction with “member.” Both
terms are undefined in the specification. Both must be read
together in conjunction with the specification to determine the
broadest reasonable interpretation to be afforded the claim. For
example, in construction a door may be a single “member” of the
house, but that door may be composed of several elements affixed
together (panels, windows, framing, and bracing) to create a
construction “member.” In a different context/perspective, those
elements of the door could also be thought of as “members.”
As used in the specification, the “member” is one of a few
components which go into weatherproofing the exterior of a house –
corner post (col. 3, line 26); siding panels (Id., line 27);
oriented strand board outer wall (Id., lines 29-30); and the
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