Appeal 2006-2022
Application 10/092,320
orifice member (11) (i.e., upper orifice plate) and the partition plate (12)
(i.e., lower orifice plate).
Though acknowledging that the Examiner’s definition of “periphery”
is “not necessarily incorrect,” Appellants nevertheless argue in their Reply
Brief that the definition provided by the Examiner, “a portion near the edge”
(Answer 3), is “inappropriately restrictive” (Reply Br. 2). Appellants then
proceed to provide the three additional definitions of “periphery” discussed
above in the CLAIM 1 section of this opinion2 (Reply Br. 2).
We note that the definitions argued by Appellants appear to support
the Examiner’s definition of “periphery.” For example, the Webster’s
“periphery” definition provided by Appellants, “the outward bounds of
something as distinguished from its internal regions or center,” is a relative
definition because what is considered “outward” is measured from arbitrary
“internal regions.” Thus, the portion of the Yamamoto’s diaphragm 34 that
is slightly inward from the “open end” 35 would still be considered a portion
of the “outward bounds” of the rubber membrane 13 relative to the internal
regions of the rubber membrane (i.e., the central portion generally indicated
as elastic membrane 33a).
The Examiner’s definition of “periphery” (i.e., “a portion near the
edge”) and Appellants’ provided definition discussed in the preceding
paragraph, though broad, are reasonable and consistent with Appellants’
Specification, thus satisfying the “broadest reasonable interpretation”
2 Appellants define “periphery” as follows: (1) “the outermost part or region
within a precise boundary” (Dictionary.com), (2) “the outward bounds of
something as distinguished from its internal regions or center” (Webster’s
dictionary) and (3) “the area around the edge of a place” (Encarta.msn.com).
12
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