Appeal 2006-2721
Application 09/579,938
pigment in a liquid vehicle, used as a decorative or protective coating.”5
Indeed, we notice that different types of “paint” with viscosities depending
on composition for a desired effect, are commonly used for decorative or
protective coatings on the interior and exterior surfaces and fixtures of a
house. The range of such paints includes so called “airbrush” paints of low
viscosity to highly viscous “house” paints. Indeed, Curry, supplied by
Appellant, discloses commercially available “ready to spray” airbrush paint
for “illustration and fine art” having a viscosity of 40-60 Centipoise (cPs)
and further that “[a] typical house paint is 3000-6000 cPs.”
Thus, we agree with the Examiner’s position and interpret the bare
term “paint” as used in the claims to include any manner of “paint,”
viscosity notwithstanding, that can be retained in a compartment of a
container and dispensed therefrom to any extent with any dispensing
mechanism, including any spigot assembly, and can be stirred with any
manner of stirring assembly.
We interpret the claim terms “storage,” “stored” and “storing” used in
the appealed claims on the same basis. These terms are used to characterize
the capability of the storage container and storage compartments and are not
specifically defined or otherwise describe in the written description in the
Specification. The base term “store” has the customary, dictionary meaning
in context of “[a] stock or supply reserved for future use.” 6 In the absence
of a time limitation with respect to “storage,” any residence time of the paint
5 See, e.g., paint, The American Heritage Dictionary Of The English
Language 1263 (4th ed., Boston, Houghton Mifflin Company. 2000).
6 See, e.g., store, The American Heritage Dictionary Of The English
Language 1708.
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