Appeal 2007-1939
Application 10/277,563
The examiner expressly construes3 the terms packet element, frame
element edge, fuel delivery conduit, and electrically conductive means. The
examiner construes—
packet element to require a solid oxide sheet defining (at least in part)
an enclosed interior. An anode must be disposed on the interior
surface of the sheet, while a cathode is disposed on the exterior
generally opposite the anode.
frame element edge to require a support for a solid-oxide sheet. The
frame can be anywhere (e.g., inside or outside the sheet) as long
as it supports an edge, and can have any shape including
tubular.
fuel delivery conduit to include a conduit lying within a tubular frame.
electrically conductive means to correspond to the structures Corning
describes in its specification,4 which include the frame or other
conductors.
The examiner noted in his answer that during examination claims
must be construed as broadly as is reasonable in light of the specification5
but that claims are not normally limited to an embodiment.6 Since Corning
instance, if Corning has acted as its own lexicographer to define a term
narrowly, this fact has not been developed on appeal. See Rexnord Corp. v.
Laitram Corp., 274 F.3d 1336, 1343, 60 USPQ2d 1851, 1855 (Fed. Cir.
2001) (requiring specific argument and record citation in support claim
construction).
3 Examiner's Answer (Ans.) 4-6.
4 Specification (Spec.) ¶¶0126-0129.
5 Ans. 3-4; In re Bigio, 381 F.3d 1320, 1324, 72 USPQ2d 1209, 1210-11
(Fed. Cir. 2004).
6 Ans. 5; In re Morris, 127 F.3d 1048, 1057, 44 USPQ2d 1023, 1030 (Fed.
Cir. 1997) (explaining that an applicant seeking a narrower construction
3
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