Ex Parte Kai et al - Page 15


         Appeal No. 2006-1546                                                       
         Application No. 09/974,262                                                 

         width.  In such circumstances, the claimed ridge width as                  
         compared to tear line width limitation is satisfied.                       
              Regarding the claimed “astride” limitation, as shown in               
         Otsuka’s Figures 4 and 5, the rib (i.e., ridge) 26 spans across            
         the full width of the breakage part (i.e., tear line) 16a and              
         extends beyond both sides of the breakage part (i.e., tear                 
         line).  Similar to the embodiment shown in Appellants’ Figure 6,           
         Otsuka’s rib (i.e., ridge) 26 is “astride” the breakage part               
         (i.e., tear line).                                                         
              However, even if we take the claimed tear line to                     
         correspond to Otsuka’s recessed region 23 as argued by                     
         Appellants (Brief, pages 13-14), rib (i.e., ridge) 26 still                
         would satisfy the “astride” limitation in the sense that it                
         spans the entire width of the recess region 23.  We observe that           
         the conventional definition of “astride” includes “spanning.”2             
         Rib (i.e., ridge) 26 spans recess region 23 because it has one             
         end touching one side of the recess region (i.e., the “tear                
         line” according to Appellants)(22a) and the other end touching             
         the second side of the recess region (i.e., the “tear line”                
         according to Appellants)(22a). (Otsuka, Figure 4).                         
                                                                                   
         2 Because Appellants have not defined the term “astride” in their          
         specification, we may look not only to the specification but also to a     
         dictionary to obtain the broadest reasonable meaning of the claim term.    
         Phillips v. AWH Corporation, 415 F.3d 1303, 1324, 75 USPQ2d 1321, 1334     
         (Fed. Cir. 2005).                                                          
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