Case No. IP-2018-000199

from one side.” 65.I do not find this clear, but it appears to be a submission that all this integer requires is that the screw head is at the end of the fastener away from the flexible fingers so that it is accessible. Mr Vanhegan submitted that Mr Jack had agreed with this interpretation of “adjacent” in cross-examination. He did not. He went no further than agreeing that the screw head must be on the upper side of the workpieces and at some distance from the heads of the flexible fingers. That is self-evidently correct but does not assist in the meaning of “adjacent” in this integer. This is the relevant passage of crossexamination: “Q. Yes. The screw head, because it is on the top part of the panels, it must be located away from the finger member heads of the collet? A. Yes, sir. Q. Because they have to be on the other side of the panels; correct? A. Yes, sir, that is correct. Q. So the screw member head has to be distant from the finger member heads; correct? A. Some distance, yes, sir. Q. But it must be adjacent to the first member head? A. Adjacent means touching? Or on the same side? Q. On the same side; correct? A. Yes, sir.” 66.It was Mr Jack who asked Mr Vanhegan what he meant by “adjacent”. Counsel said he meant on the same side of the panels as the first member heads. At most, Mr Jack was agreeing that the screw member head must be on the same side of the workpieces as the first member head. That is clearly correct, otherwise the fastener would not be blind. This says nothing about the meaning of “adjacent”. 67.It must also be borne in mind that this integer of claim 1 positions the screw head by reference to the head of the first member, not by reference to one end of the fastener as a whole. 68.Airbus argued that it was self-evident that the screw head must be at the same end of the fastener as the first member head. Therefore, Mr Ward submitted, “adjacent” must mean more than that: it requires that the two heads be in contact. I think it is a mistake to assume that every integer of a patent claim must invariably go beyond stating the obvious. Even assuming this one does, it does not follow that the screw head is in contact with the first member head. 69.Mr McKay was cross-examined on this topic by reference to a diagram of the Centrix fastener in Airbus’s product and process description. He agreed that the location of the screw head of the Centrix Fastener – at which end of the first member it will be located – is fundamental to the way in which these particular fasteners work. That may be right, but claim 1 cannot be construed by reference to the Centrix Fastener. 70.In my view, “adjacent” must be interpreted according to normal usage of the word. The screw head must adjoin the head end of the first member but they need not touch. Thus, the screw head must adjoin the end of the first member which bears against the workpiece.