Ex Parte Garelli - Page 6

               Appeal 2007-1922                                                                             
               Application 10/051,200                                                                       

                         several methods of removing the solid molded product from the                      
                         mold involves sending compressed air inside the cap as soon as                     
                         the lower half-mold has moved away from the plunger, and the                       
                         feeding of compressed air “inflates” the cap and partially spaces                  
                         the thread C from the portion 9, reducing the resistance of the cap                
                         to expulsion (col. 1, ll. 6-8; col. 6, ll. 38-60; and Fig. 11).                    
                      During prosecution before the Examiner, the verbiage of the proposed                  
               claims should be given its broadest reasonable meaning of the words in their                 
               ordinary usage as they would be understood by one of ordinary skill in the                   
               art, taking into account any enlightenment or definitions contained in the                   
               applicant’s written description in the specification.  See In re Morris,                     
               127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).                                  
                      Accordingly, the first step in an obviousness analysis is proper claim                
               construction.  Therefore, we first look to Appellant’s Specification to find                 
               the proper meaning of the word “inflated” as used in claim 8 on appeal.  See                 
               Phillips v. AWH Corp., 415 F.3d 1303, 1315, 75 USPQ2d 1321, 1327 (Fed.                       
               Cir. 2005)(en banc)(“…the specification ‘is always highly relevant to the                    
               claim construction analysis.  Usually, it is dispositive; it is the single best              
               guide to the meaning of a disputed term.’”).  Appellant’s Specification does                 
               not define “inflated” per se but teaches that this word is equivalent to                     
               “expanded” (Specification 5:28-31; 6:4-7).  This equivalency in the                          
               Specification comports with the ordinary usage of the word “inflate” as                      
               meaning “to swell or distend with air or gas,” “to expand or increase                        




                                                     6                                                      

Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: September 9, 2013