Ex Parte Antosz - Page 9




              Appeal No. 2004-2261                                                                 Page 9                
              Application No. 09/494,690                                                                                 



              suggested by the applied prior art: (1) "a perspective template having at least one                        
              supply chain icon, the perspective template providing a pre-populated framework to                         
              evaluate the manufacturing operation" as recited in independent claims 4 and 10; and                       
              (2) "at least one perspective template having a pre-arranged supply chain                                  
              representation" as recited in independent claim 20.                                                        


              Our decision                                                                                               
                     The decision to either affirm the rejection or reverse the rejection under appeal                   
              comes down to meaning of the term "template" as used in the two phrases quoted in the                      
              above paragraph.1  The United States Patent and Trademark Office (USPTO) applies to                        
              the verbiage of the claims before it the broadest reasonable meaning of the words in                       
              their ordinary usage as they would be understood by one of ordinary skill in the art,                      
              taking into account whatever enlightenment by way of definitions or otherwise that may                     
              be afforded by the written description contained in the appellant's specification.  In re                  
              Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See also In re                        
              Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).  It is our view, that                      
              one of ordinary skill in this art would have understood the word "template" to be a                        

                     1 Analysis begins with a key legal question -- what is the invention claimed?  Claim interpretation,
              in light of the specification, claim language, other claims, and prosecution history, will normally control the
              remainder of the decisional process.  See Panduit Corp. v. Dennison Manufacturing Co., 810 F.2d 1561,      
              1567, 1 USPQ2d 1593, 1597 (Fed. Cir.), cert. denied, 481 U.S. 1052 (1987).                                 







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