“In” means subsets.
Casey ‘9 [Kevin R.; November 30; co-chair of the intellectual property group at Stradley Ronon; Abbott Point of Care, Inc. v. Epocal, Inc.,” U.S. District Court for the Northern District of Alabama, 2009 U.S. Dist. LEXIS 140383]
Although the claims recite only one positional relationship between the gas equilibration reservoir and the conduit, namely that the former is positioned in the latter, the '824 written description (including both text and drawings) teaches three, separate positional embodiments.56 Turning first to the text of the specification, taught is one embodiment in which the gas equilibrium reservoir is "within" the conduit (col. 9, line 42) or "in" the conduit (col. 3, lines 18, 42).57
[BEGIN FOOTNOTE 57] Webster's defines "in," at 557, as "Within the bounds or area of" and "within," at 1268, as "In or into the inner part: INSIDE." Note that the definition of "within" incorporates "in." The word "in" does not require that something be completely and continuously inside of something else. A component may be "in" another component if it is located, at least in relevant part, in the defined space. See Foster v. Hallco Mfg. Co., 119 F.3d 16, 1997 WL 419391 at *8 (Fed. Cir. 1997) (non-precedential). See also Gemstar-TV Guide Int'l, Inc. v. Int'l Trade Comm'n, 383 F.3d 1352, 1372 (Fed. Cir. 2004) ("General use dictionaries define 'in' as 'used as a functional word to indicate location or position in space or in some materially bounded object.' Webster's Third New International Dictionary 1139 (1993). From these definitions, the ordinary meaning of 'storage means in a data processor' is a device capable of retaining data located within a data processing device or system."); TI Group Automotive Sys. (N. Am.), Inc. v. VDO N. Am., L.L.C., 375 F.3d 1126, 1136 (Fed. Cir. 2004) ("we affirm the district court's construction of the term 'within' as meaning 'inside'," stating "what is not outside is on the inside"). [END FOOTNOTE 57]
This embodiment clearly and directly corresponds to the claimed positional relationship.58 In a second embodiment, the gas equilibrium reservoir is "separated" from the conduit by an intervening membrane (col. 3, line 63; col. 4, lines 40 and 51-53; col. 10, line 54; and Figs. 1E and 4).59 Finally, in a third embodiment, the gas equilibrium reservoir is generally "formed in association with the conduit" (col. 7, line 20) or the conduit is described as "having" a reservoir (col. 3, line 67 and col. 4, line 17).