Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
USPQ2d at 1322. The first dictionary definition of “row,” series of objects
placed next to each other, is reasonable on its face, and certainly as
reasonable as the second and third definitions relied upon by Patentee. That
the row objects are placed next to each other does not exclude the presence
of an additional structure such as a space.
Patentee also argues that the term “alternating” requires continuity.
(Appeal Br. at 35). Patentee states that Guarriello describes “repeating”
pairs as opposed to alternating projections and recesses. Patentee’s
contention fails to distinguish the prior art. Guarriello’s projections and
recesses form an alternating pattern along the top and bottom surfaces of the
insulating form.
Guarriello describes and depicts a series of projections and recesses
that are placed next to each other, albeit with a space between them.
(Guarriello Figs. 8 and 9, the space being upper face 262). We find that
Guarriello describes and depicts at least two rows of alternating projections
and recesses.
iii. Patentee Contends that Guarriello Does not Teach
a “Raised Sealing Member” that is “Between” or
Adjacent” the Rows of Alternating Projections and
Recesses
Patentee claims 4 and 17 require an “intermediate raised sealing
member” and claims 5 and 18 require a “raised sealing member.” Patentee
contends that Guarriello does not teach a “raised” sealing member and to the
extent it does, the raised member is not adjacent or between the rows of
projections and recesses. (Appeal Br. at 35-36). According to Patentee,
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