Ex Parte 5694604 et al - Page 27


                Appeal 2007-2127                                                                                  
                Reexamination Control No. 90/006,621                                                              
                states the meaning that the claim terms are intended to have, the claims are                      
                examined with that meaning, in order to achieve a complete exploration of                         
                the applicant's invention and its relation to the prior art."  In re Zletz,                       
                893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).  Claims in a                            
                reexamination proceeding are given their broadest reasonable interpretation                       
                consistent with the specification.  See In re Yamamoto, 740 F.2d 1569, 1571,                      
                222 USPQ 934, 936 (Fed. Cir. 1984).  The claims are examined with the                             
                meanings asserted by Patent Owner during prosecution of the '603 patent                           
                and in the disclosure of the '604 patent.  Patent Owner, having repeatedly                        
                stated that the terms "threads" and "multithreading" have their ordinary and                      
                customary meanings in the art, may not now contradict the record that he                          
                created.   See Southwall Technologies, Inc. v. Cardinal IG Co.,                                   
                54 F.3d 1570, 1578, 34 USPQ2d 1673, 1678 (Fed. Cir. 1995) ("A patentee                            
                may not proffer an interpretation for the purposes of litigation that would                       
                alter the indisputable public record consisting of the claims, the specification                  
                and the prosecution history, and treat the claims as a 'nose of wax .'").                         

                              2. Background explanation of "multithreading"                                       
                       "Multithreading" is an advanced operating system feature and some                          
                background explanation will be helpful in understanding the issues on                             
                appeal.  The references cited were all published before the filing date of the                    
                1994 application (when "multithreading" first appeared in an application as                       
                filed) and many of the books were cited by Patent Owner during prosecution                        
                of the '603 patent (e.g., Findings 6, 7, and 13)                                                  




                                                       27                                                         

Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: September 9, 2013