Appeal 2007-4307
Application 10/173,095
From the specification, we understand "quantity of open surface" to
refer to the number of openings in the structural reinforcement, which face
the direction of acoustic waves. Similarly, "mesh…adapted to the quantity
of open surface" means a mesh selected to avoid closing off the underlying
openings.5 The open surface limitation encompasses honeycomb structures
known to be suitable in the prior art for dissipating acoustic energy, but the
claim is not limited to such structures.6 Indeed, this limitation does not
require acoustic damping at all. The examiner has read this limitation to be
met by other structural layers involving fibers impregnated with resin, which
are used as face sheets.7 The examiner's reading is reasonable in view of the
breadth of this limitation. Airbus has not amended its claim to avoid this
broad reading so we analyze the rejections with this breadth in mind.8
We construe broadly "polymerizing or consolidating said resin under
suitable pressure and temperature" to mean that polymerization or
consolidation or both may be used, particularly in view of the comprising
language also used. In the absence of an express definition in the
specification, we ascribe to "consolidation" its ordinary meaning of:
The act or process of consolidating, making firm, or uniting; the
state of being consolidated; solidification; combination.9
5 Specification (Spec.) 2:1-7 and 3:10-14.
6 Spec. 1:16-18.
7 Examiner's Answer (Ans.) 3-4 (discussing "a fiber reinforced plastic
layer").
8 In re Morris, 127 F.3d 1048, 1056-57, 44 USPQ2d 1023, 1029-30 (Fed.
Cir. 1997).
9 http://en.wiktionary.org/wiki/consolidation, def. 1 (visited 27 September
2007).
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