Appeal No. 2007-0067
Application No. 10/202,097
Kawabe teaches that the speed profile between X1 and X2 is preferably
linear (although other profiles are contemplated) and that numerous points
between may be calculated. See column 6, lines 31 through 40. Thus, we
find that Kawabe teaches a system which controls speed and position of the
valve.
Kawasaki teaches a control system for a valve. The control system
operates the valve to move to a set position to obtain a desired flow through
the valve. The actual flow is also measured and the valve set position is
adjusted if there is a discrepancy between measured and actual flow. See
column 3, line 64- column 4, line 6. Kawasaki also teaches that the set point
that represents whether the valve is closed is adjusted if there is a
discrepancy in the determination of whether the valve is closed, i.e. a new
closed point is learned.
Principles of Law
Office personnel must rely on Appellants’ disclosure to properly
determine the meaning of the terms used in the claims. Markman v.
Westview Instruments, Inc., 52 F3d 967, 980, 34 USPQ2d 1321, 1330 (Fed.
Cir. 1995). “[I]nterpreting what is meant by a word in a claim ‘is not to be
confused with adding an extraneous limitation appearing in the specification,
which is improper.’” (emphasis original) In re Cruciferous Sprout
Litigation, 301 F.3d 1343, 1348, 64 USPQ2d 1202, 1205, (Fed. Cir. 2002)
(citing Intervet America Inc v. Kee-Vet Laboratories Inc., 12 USPQ2d 1474,
1476 (Fed. Cir. 1989). It is the burden of the Examiner to
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