Appeal No. 2006-2169 Page 16
Application No. 09/899,919
C. CLAIM 4
The examiner finds that "van Woesik discloses a device wherein the distal end
edge of the plate-like portion slants from a first cross-section face of the plate-like
portion to a second cross-section of the plate-like portion (see Fig. 15, ref. 12)."
(Examiner's Answer at 6.) The appellant argues that "van Woesik fails to teach or
suggest an edge slant between the blade faces." (App. Br. at 18.)
1. Claim Construction
Claim 4 recites in pertinent part the following limitations: "the distal end edge of
said plate-like portion slants from a first cross-section face of said plate-like portion to a
second cross-section face of said plate-like portion." "In some cases, the ordinary
meaning of claim language as understood by a person of skill in the art may be readily
apparent even to lay judges, and claim construction in such cases involves little more
than the application of the widely accepted meaning of commonly understood words."
Phillips v. AWH Corp., 415 F.3d 1303, 1314 , 75 USPQ2d 1321, 1327 (Fed.Cir. 2005)
(en banc) (citing Brown v. 3M, 265 F.3d 1349, 1352, 60 USPQ2d 1375, 1377 (Fed.Cir.
2001)). "In such circumstances, general purpose dictionaries may be helpful." 415 F.3d
at 1314, 75 USPQ2d at 1327.
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