Appeal 2007-1793
Application 10/911,196
(Answer 4, citing to Hubweber, col. 1, ll. 47-61). The Appellants respond that the
claim uses the word “spring” in its conventional sense “as a flexible elastic object
used to store mechanical energy” and the Specification, drawings, and claims do
not define spring as a gas (Reply Br. 3). The Appellants further contend that the
Specification distinguishes between a spring and a gas spring (Id., citing to
Specification 3:23-34).
We determine the scope of the claims in patent applications not solely on the
basis of the claim language, but upon giving claims “their broadest reasonable
interpretation consistent with the specification” and reading claim language “in
light of the specification as it would be interpreted by one of ordinary skill in the
art.” In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827,
1830 (Fed. Cir. 2004). The Specification does not define the term “spring.” The
Specification states, “In accordance with another and/or alternative aspect of the
present invention, the spring system can be a gas spring and/or include at least one
spring” (Specification 3:23-24). We do not read this sentence in the Specification
as distinguishing gas springs from springs; rather, we find that one having ordinary
skill in the art would understand this sentence to mean that the spring system can
be based on a pneumatic spring system (e.g., a gas spring) and/or include a
mechanical spring. The term spring, although typically referring to mechanical
springs, is broad enough to encompass pneumatic springs.4 In fact, the Appellants’
4 The term “spring” is defined as “1. An elastic device, such as a coil of wire, that
regains its original shape after being compressed or extended. 2. An actuating force
or factor; a motive.” The American HeritageŽ Dictionary of the English
Language (4th ed. 2000). Pressurized gas is thus a spring because it provides an
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