Appeal No. 94-3012
Application 07/851,853
residue means hydrogen salt-forming acid residues which have one
or two hydrogen atoms, for instance hydrogen sulfate ion (HSO ),
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dihydrogen phosphate ion (H PO ), and the like.” The appellants2 4-
distinguish anions formed from “hydrogen acid residues” and from
“acid residues” by providing definitions of “acid salt” and
“normal salt” from Hackh’s Chemical Dictionary, 4th Edition and
Enclyclopedia Chimica. Reply Brief, p. 2; Supplemental Reply
Brief, p. 2. The appellants point out that the definitions show
that “a hydrogen salt is the same as an acid salt” and that
“[h]ydrogen acid residues are residues which form from hydrogen
salts (or acid salts).” Reply Brief, para. bridging pp. 2-3. In
contrast, “a normal salt-forming acid residue is referred to as
an “acid residue.” Supplemental Reply Brief, p. 2. Not only do
we find the appellants’ definition of “hydrogen acid residue” to
be consistent with the art-recognized use of the terms “acid
salt” and “normal salt,” but we also concur with the appellants
that a patent applicant can be his/her own lexicographer provided
that the specification supports the asserted definition. Hormone
Research Foundation, Inc. v. Genentech, Inc., 904 F.2d 1558,
1563, 15 USPQ2d 1039, 1043 (Fed. Cir. 1990); Fonar Corp. v.
Johnson & Johnson, 821 F.2d 627, 632, 3 USPQ2d 1109, 1113 (Fed.
Cir. 1987), cert. denied, 484 U.S. 1027 (1988). In the case
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