Appeal 2007-0694
Reexamination Control 90/006,433
Patent 5,428,933
the body cavity thereof.” (See, e.g., Horobin ‘969, Fig. 1 and col. 2, ll. 34-
39).
v. Patentee Contends that Guarriello Does Not Teach
“Connecting Members” that “Extend Along the
Entire Length” of the Top and Bottom Edges of
the Construction Member
Patentee claims 7 and 13 require that the interconnecting means, i.e.,
projections and recesses, extend along the entire length top and bottom
edges of the construction member. Patentee argues that Guarriello fails to
describe such a structure. (Appeal Br. at 38 and 40-41).
According to Patentee, there are “clear and unmistakable
discontinuities or gaps between locking member on each cavity of the
Guarriello ‘222 form.” (Appeal Br. at 39). Patentee concludes that the
language “extend along the entire length” excludes the discontinuities
present in Guarriello’s form. We disagree.
The Board is tasked with providing claims their broadest reasonable
interpretation. The plain language “extend across the entire length” does not
exclude the presence of spaces as part of the interconnecting means as it
spans the length of the form. Further, Patentee’s specification does not
define the language “extend across the entire length” as excluding spaces
between its specific interconnecting means of projections and recesses as
they span the length of the form. Based, upon the plain language of the
claims, and interpreted in light of the specification, we conclude that the
language “extend across the entire length” does not exclude the presence of
spaces between projections and recesses. We find that Guarriello teaches
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