Appeal 2007-2577
Application 90/006,344
been installed.31 Finally, Prazoff provides a dictionary definition of the
adjective "permanent" (emphasis added):32
continuing or enduring (as in the same state, status, place)
without fundamental or marked change : not subject to
fluctuation or alteration : fixed or intended to be fixed :
LASTING, STABLE
Bearing in mind our obligation to construe the claim as broadly as is
reasonable in view of the specification, we conclude that "permanently
connected" is satisfied if the connectors are "securely affixed" or "intended
to be fixed". Molding may be preferred, but we cannot legitimately limit the
scope of the claim to a preferred embodiment. Lin's connectors are intended
to be securely fixed to the respective rope lights.33 As we noted above, the
question is a close one, but where the art is close the onus lies with the claim
drafter to draft claims more precisely.34
Air tight
Prazoff notes that Lin intends the invention to be waterproof, but does
not discuss any specific means of achieving this object. Prazoff contends
that simple mechanical connections are not generally thought of as water
31 It is difficult to see why the end user would want to remove the connectors
from the rope lights in any case.
32 Br. Exhibit C: Webster's 3d New Int'l Dictionary [page number not
visible] (1976).
33 One skilled in the art would understand that failure to securely affix the
connectors to the rope lights would adversely affect end-user safety and
product durability.
34 Morris, 127 F.3d at 1056, 44 USPQ2d at 1029 (placing "the burden of
precise claim drafting squarely on the applicant").
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