Ex Parte Roseth - Page 12

                Appeal 2006-3311                                                                              
                Application 10/392,525                                                                        

           1    ll. 19-21).  The Appellant urges that “score lines” are to be defined as                      
           2    “partially penetrating the card stock material.”   (Id., ll. 15-16).                          
           3          First, we observe that Thiolat’s Figure 1 depicts panels defined by                     
           4    score lines.  (Thiolat, col. 1, ll. 37-40).                                                   
           5          Second, to the extent the Appellant is asserting a unique definition of                 
           6    “score lines” as requiring a degree of penetration, the Appellant has pointed                 
           7    us to two paragraphs in its specification.  The Appellant cites paragraphs 65                 
           8    and 66 of his specification, which read as follow:                                            
           9          [0065]  FIG. 9 shows a sectional view along the line 9-9 of FIG. 8.                     
          10          FIG 9 shows a portion of score line 27 with scored portions 90 and                      
          11          unscored portions 92.  Scored portions 90 have length L1 94.                            
          12          Unscored portions 92 have length L296.  Scored portions 90 have                         
          13          depth of scoring D1 98.  The paperboard has thickness D2 99.  The                       
          14          ratio of penetration is defined as the ratio of depth of scoring D1 98                  
          15          divided by thickness of the paperboard D2 99.                                           
          16                                                                                                  
          17          [0066]  In one embodiment, the ratio of penetration of score line 27 is                 
          18          between about 0.1 and about 0.9.  In another embodiment, the ratio of                   
          19          penetration of score line 27 is between about 0.2 and 0.8.  In another                  
          20          embodiment, the ratio of penetration of score line 27 is between about                  
          21          0.3 and about 0.7.  In another embodiment , the ratio of penetration of                 
          22          score line 27 is between about 0.45 and about 0.55 .  In another                        
          23          embodiment, the ratio of penetration of score line 27 is about 0.5.                     
          24                                                                                                  
          25          Neither of these paragraphs defines “score lines” as partially                          
          26    penetrating the stock panel.  Rather, paragraph 65 defines the term “ratio of                 
          27    penetration” and paragraph 66 gives specific embodiments of the invention                     
          28    which include penetration, but nowhere is an exclusive definition of the term                 
          29    “scoring” made.                                                                               
          30          Claims are given their broadest reasonable interpretation during                        
          31    prosecution.  Claim construction begins with the words of the claim.                          

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