Appeal No. 2002-0867
Application No. 08/738,659
NGOs in developing countries,” prepared by the United Nations Non-Governmental
Liaison Service and the Friedrich Ebert Foundation (New York Office), is “for
beginners.” Our review of the reference confirms that the text is directed to end users of
electronic communications systems, rather than to designers of the systems. The
reference thus has little relevance in showing the artisan’s understanding of the relevant
term.
We acknowledge that the most common conception of electronic mail may have
required the three features set forth in the declaration, even with respect to one skilled
in the art. The most common definition of “electronic mail” is not at issue. Rather, the
inquiry is with respect to the metes and bounds of the subject matter that may be
included within the scope of the term, under the broadest reasonable interpretation as
understood by the artisan at the time of invention.
The declaration also refers to the instant disclosure, at page 15, which relates
registering the name and address of the monitored device in a mail server, “for
example,” which will send and receive electronic mail for the network to which the mail
server is connected. The claims that we reject as anticipated by Kraslavsky, however,
say nothing about a mail server, nor about using a mail server.
Our evaluation of the declaration does not convince us that the broadest
reasonable interpretation of “electronic mail” requires an interpretation that excludes the
electronic communications described by Kraslavsky. While the expert’s declaration
provides evidence entitled to our careful consideration, the declaration does not attempt
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