Appeal 2006-3282
Application 09/683,353
terms in the preamble has been argued, we find that the
OMEGA® reference does disclose an assembly or apparatus of
multiple temperature indicator sticks that comprises the recited
elements. Appellant argues that the use of the markers in the
reference requires them to be removed from the case, thus
obviating the reference. Such argument reads a non-existent
use limitation into the preamble term, which cannot be given
weight. (See In re Paulsen, 31 USPQ2d 1671, 1673 (Fed Cir
1994). The three elements of claim 1, the two housings and the
connector, are clearly demonstrated in OMEGA®. Also
disclosed in OMEGA® is the connector’s snap fit of the
indicator stick housings as recited in claim 8, as the term is
generally understood. No special definition of “snap fit” is
found in the specification. (See In re Phillips, 75 USPQ2d
1321 (Fed Cir 2005)). We further find the temperature
indicator sticks as recited in claim 18, and the tubular members
secured by a connector of claim 19, as indicated by the
Examiner. We do not find the elements of claims 6 and 20 in
OMEGA®.
2. The examiner has read the elements of claims 1, 3 and 6 on the
pen holder of Kossnar. As the Kossnar reference does not
mention temperature indicator sticks, the issue of the weight to
be given to the terms “dual temperature indicator stick
assembly” in the preamble, and “configured to hold a
compound that melts …” in the elements comes clearly to the
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