Ex Parte Steger - Page 10

                Appeal 2006-3369                                                                               
                Application 10/224,309                                                                         

                Lindemann Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730                            
                F.2d 1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).                                           

                      Our reviewing court states in In re Zletz, 893 F.2d 319, 321, 13                         
                USPQ2d 1320, 1322 (Fed. Cir. 1989) that “claims must be interpreted as                         
                broadly as their terms reasonably allow.” Our reviewing court further states,                  
                “[t]he terms used in the claims bear a ‘heavy presumption’ that they mean                      
                what they say and have the ordinary meaning that would be attributed to                        
                those words by persons skilled in the relevant art.” Texas Digital Sys. Inc v.                 
                Telegenix Inc., 308 F.3d 1193, 1202, 64 USPQ2d 1812, 1817 (Fed. Cir.                           
                2002), cert. denied, 538 U.S. 1058 (2003).                                                     


                                                                                                              

                                                 ANALYSIS                                                      
                      In applying the principles of claim interpretation to the claims in this                 
                application, we appreciate Appellant’s position that claims are to be given                    
                their common meaning, in view of the specification.  However we find that                      
                the claim language used for Appellant’s invention does not preclude reading                    
                on Gullotta’s method and system.  As an example, Appellant’s “policy                           


                                                      10                                                       

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: September 9, 2013