CHEUNG et al vs. RITZDORF et al - Page 8




                Interference No. 105,113                                                                                                 

                circumstances, it is improper to rely on extrinsic evidence.").  See also Vitronics, 90 F.3d at 584                      
                n.3, 39 USPQ2d at 1578 n.6:7                                                                                             
                                Although technical treatises and dictionaries fall within the category of                                
                        extrinsic evidence, as they do not form a part of an integrated patent document,                                 
                        they are worthy of special note.  Judges are free to consult such resources at any                               
                        time in order to better understand the underlying technology and may also rely on                                
                        dictionary definitions when construing claim terms, so long as the dictionary                                    
                        definition does not contradict any definition found in or ascertained by a reading                               
                        of the patent documents."                                                                                        
                Thus, the analysis of a disputed claim term begins with the relevant dictionaries and treatises.                         
                See Kumar v. Ovonic Battery Co., 351 F.3d 1364, 1367, 69 USPQ2d 1220, 1222 (Fed. Cir.                                    
                2003) ("Under our precedent in Texas Digital Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193,                               
                1201-02 [64 USPQ2d 1812[ (Fed. Cir. 2002), and Inverness II [Inverness Med. Switz. GmbH v.                               
                Warner Lambert Co.], 309 F.3d [1373,] 1378 [64 USPQ2d 1933 (Fed. Cir. 2002)], we look first                              
                to the dictionary definition of a contested term.").  In In re Thrift, 298 F.3d 1357, 1364,                              
                63 USPQ2d 2002, 2006 (Fed. Cir. 2002), the court likewise began an analysis of a disputed term                           
                In an application claim by considering dictionary definitions:                                                           
                        [W]e interpret the phrase “speech user agent” consistent with its plain meaning:                                 
                        an interface that allows the user to interact with the system by speaking.  See IBM                              
                        Dictionary of Computing 638 (10th ed. 1994) (defining “speech recognition” as                                    
                        “[t]he recognition of voice communication as a series of words or sentences”);                                   
                        Van Nostrand Reinhold Dictionary of Information Technology 473 (3d ed. 1989)                                     
                        (defining “speech recognizer” as “[i]n man-machine interfaces, a system that                                     
                        receives spoken word inputs and identifies the message.  The system output can                                   
                        then be used to initiate appropriate actions or responses.”); Johnson Worldwide                                  
                        Assocs., Inc. v. Zebco Corp., 175 F.3d 985, 989, 50 USPQ2d 1607, 1610 (Fed.                                      

                7  The F.3d footnote number differs from USPQ2d footnote number due to footnote                                          
                numbering errors in the USPQ2d version of this decision.                                                                 
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