Ex Parte GUPTA et al - Page 5




              Appeal No. 2002-1383                                                                                        
              Application No. 08/868,972                                                                                  

                     physical communications link.  Virtual Path/Virtual channels are generally                           
                     allocated during set-up of a communication transmission between two                                  
                     devices (e.g., between two clients) and “torn down” after the                                        
                     communication has completed.  For example, in an ATM network                                         
                     implemented to support telephone communications, virtual channels may                                
                     be set up along the communications link between the caller and the called                            
                     party at the time the call is placed and then tom [sic; torn] down when the                          
                     telephone conversation ends.                                                                         
              Subramanian col. 6, ll. 9-22.                                                                               
                     Information in an ATM network is transmitted within these fixed-length cells, or                     
              packets, which have a defined format.  The header information includes virtual path and                     
              virtual channel identifiers (VPI/VCI) for routing the cell through the network.  Id. at col. 1,             
              l. 52 - col. 2, l. 11; col. 8., ll. 48 -col. 9, l. 45; Figs. 1A-1C.                                         
                     There is no evidence in the record that the word “bunch,” which is modified by                       
              the art-recognized term “virtual circuit” in the instant written description and claims, had                
              any special meaning to the artisan at the time of disclosure.2  Nor do we find any                          
              particular definition of the word in the instant specification.  See In re Paulsen, 30 F.3d                 
              1475, 1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994) (repeating the principle that where                       
              an inventor chooses to be his own lexicographer and gives terms uncommon meanings,                          
              he must set out the uncommon definition in the patent disclosure).  See also                                
              Beachcombers Int’l, Inc. v. WildeWood Creative Prods., Inc., 31 F.3d 1154, 1158, 31                         
              USPQ2d 1653, 1656 (Fed. Cir. 1994) (“As we have repeatedly said, a patentee can be                          

                     2 A search for the relevant term in the U.S. Patent text database, available on the USPTO            
              website, yielded one hit, for U.S. Patent 6,278,714.  The ‘714 patent, with a filing date of February  6,   
              1998, was thus filed later in time than the instant application.  Moreover, the ‘714 patent issued to an    
              ostensible co-inventor of the instant invention.                                                            
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