Appeal 2007-1677
Application 10/121,491
extending body portion with two differently colored portions and adhesive
on the body portion, where the foam body provides a color contrast “along”
one longitudinal edge to form a continuous sight line. The language of
claim 1 on appeal includes elongate “striplike” material, exemplified by
Appellant as a “relatively thin” tape where one edge of the tape provides a
sight line (Specification 8:6-22; see Fig. 9 and text at 17:7-20). We construe
the term “a colour [sic] contrast along one longitudinal edge” to include
color portions on the edge as well as on the top or body portion of the strip
so that the sight line would be “along” the color contrast. See the
Specification 8:24-29, where it is taught that the “differently coloured
portions may comprise discrete areas of the tape” and be “along” one or both
longitudinal edges.2 Although it is exemplified that the color portion is on
the edge (Fig. 9), we find no express disclaimer of a broader definition. See
In re Bigio, supra.
In view of our claim construction above, we determine that Siero
discloses an elongate body of material with longitudinally extending edges
on opposite sides of a longitudinally extending body portion, with two
differently colored portions and an adhesive for attaching the material to an
article, where this material is constructed so that a color contrast appears
along one longitudinal edge to provide a continuous sight line, i.e., the
checkered pattern exemplified by Siero extends to the edge of the striplike
2 This comports with the definition of “along” which means “in a line
parallel with the length or direction of” (see Webster’s New Collegiate
Dictionary 32 (G.&C. Merriam Co. 1977). Thus, we determine that “along
the longitudinal edge” includes lines parallel with the length or direction of
the strip, including lines on the longitudinal edge or on the edge of the top
body portion.
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