Ex Parte JESCHKE et al - Page 7




          Appeal No. 2002-2106                                                        
          Application 09/313,359                                                      



          claim."  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523,            
          1529 (Fed. Cir. 1998).                                                      
                    We note that Appellants’ independent claim 1 recites              
          “additionally changing the transmitted power in each (NB1) of the           
          base stations continuously in the direction of a presettable                
          target value (TV1)(140).”  We note that Appellants’ independent             
          claim 9 recites “a transmit power controller (PCR) connected to             
          the memory (MEM) for changing the transmitted power of the base             
          station (NB1) in response to the command and for additionally               
          changing the transmitted power continuously in the direction of             
          the presettable target value (TV1).”  Finally, we note that                 
          independent claim 10 recites “a transmit power controller (PCR)             
          connected to the memory (MEM) for changing the transmitted power            
          in response to the command (TPC) and for additionally changing              
          the transmitted power continuously in the direction of the pre-             
          settable target value (TV1).”                                               
                    Appellants argue that the proper interpretation of the            
          recited term “presettable” is the ordinary meaning.  The Examiner           
          refers to the Webster’s Dictionary definition for “preset” which            
          is defined as “to set beforehand.”  The Examiner argues that                



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