Ex Parte THEEUWES et al - Page 4



          Appeal No. 2003-1778                                       Page 4           
          Application No. 08/988,292                                                  

          scope and meaning of each contested limitation.  See Gechter v.             
          Davidson, 116 F.3d 1454, 1457, 43 USPQ2d 1030, 1032 (Fed.                   
          Cir. 1997).  During prosecution of a patent application, the                
          terms in a claim are given their broadest reasonable                        
          interpretation consistent with the specification.  In re                    
          Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir.                 
          1984).  Although no limitations in the specification is normally            
          imputed to the claims being interpreted, see In re Paulsen, 30              
          F.3d at 1480, 31 USPQ2d at 1674, the specification can still be             
          used to impart the meaning of words in the claims, see In re                
          Barr, 444 F.2d 588, 593, 170 USPQ 330, 335 (CCPA 1971).  After              
          all, it is well established that appellants can be their own                
          lexicographer so long as terms are clearly defined and not given            
          meanings repugnant or abhorrent to the ordinary meaning.  Here,             
          we observe that the term “body surface,” as employed in the                 
          claims, is defined at page 7, lines 21-23 of the specification as           
          follows:                                                                    
                    The term “body surface” as used herein refers                     
               generally to the skin, mucous membranes and nails of an                
               animal or human, and to the outer surface of a plant.                  
               Consequently, we shall employ that definition of “body                 
          surface” as furnished by appellants in their specification in               







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