Appeal 2007-2888
Application 11/017,602
aircraft frame members, are not fitted by an “interference fit” or a “forced
fit. See Spada, 911 F.2d at 708, 15 USPQ2d at 1658.
An interference fit, as we have interpreted it, means that the foam is
held in place between the frame members by friction after the parts are
pushed together. To “fit tightly” – as Sloan characterizes its insulating
elements when held in place between the frame members (FF 7) – is a snug
fit, “a close drawing together of all parts . . . or a squeezing together.”3
“Tight” also means “so close in structure as not to permit passage of a liquid
or gas” and to “fix firmly.”4 See FF 7 referring to a tight fit as minimizing
the passage of moisture laden air. Thus, an interference or forced fit is
consistent with Sloan’s tight fit.
Sloan does not explicitly state how the insulating elements are held
between the frame members. But Sloan describes the elements as fitting
tightly between the frame members (FF 7). In our opinion, this could only
mean that that insulating elements are held between the frame members by
the tight fit – a frictional force that occurs between the contact surfaces of
the frame member and foam. There is no other attachment described in
Sloan or shown in its drawings. We do not see any other way in which the
foam would be held in place other than by having it pushed against the
frame members by a frictional force – as would be the case for an
interference or a forced fit. In our opinion, this is sound basis (see Spada,
911 F.2d at 708, 15 USPQ2d at 1658) for believing that Sloan’s insulation
system meets all limitations of claims 1 and 17, shifting the burden to
Appellant to provide rebuttal arguments or evidence.
3 Webster’s Third New International Dictionary 2392 (1964).
4 Id.
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