Ex Parte BODOR - Page 4



              Appeal No. 2000-2156                                                                  Page 4               
              Application No. 08/431,727                                                                                 
              No. 3,884,905 issued May 20, 1975 to Bodor;  (V) the declaration of Patrick P. Deluca,                     
              executed July 30, 1999; the declaration of Anwar A. Hussain, executed July 30, 1999;                       
              and the declaration of Nicholas S. Bodor, executed February 1, 1993.                                       
                     On consideration of the record, including the above-listed materials, we reverse                    
              the examiner’s prior art and non-prior art rejections.                                                     


                                                      Discussion                                                         
                     Initially, we emphasize that this tribunal serves to review cases on appeal; the                    
              board does not engage in de novo examination of patent applications ("The Board of                         
              Patent Appeals and Interferences shall, on written appeal of an applicant, review                          
              adverse decisions of examiners upon applications for patents .").  35 U.S.C. § 6(b).                       
              Here, the rejections presented for review do not rise to the level of superficial plausibility             
              and we shall not belabor the record with extensive comments.  We reverse the                               
              examiner’s prior art and non-prior art rejections for reasons succinctly set forth in                      
              applicant’s principal brief, and we add the following the following comments for                           
              emphasis only.                                                                                             
                     It is well settled that a patent applicant may, within reason, be his own                           
              lexicographer.  Lear Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 888, 221 USPQ                          


              1025, 1031 (Fed. Cir. 1984); Fromson v. Advance Offset Plate, Inc., 720 F.2d 1565,                         
              1569, 219 USPQ 1137, 1140 (Fed. Cir. 1983).  Furthermore, in proceedings before the                        
              PTO, claims in an application are to be given their broadest reasonable interpretation                     
              consistent with the specification, and claim language should be read in light of the                       





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