Ex parte KRISHNAKUMAR et al. - Page 5




          Appeal No. 95-3789                                         Page 5           
          Application No. 08/047,047                                                  


               Before addressing the examiner's rejections based upon prior           
          art, it is an essential prerequisite that the claimed subject               
          matter be fully understood.  Analysis of whether a claim is                 
          patentable over the prior art under 35 U.S.C. §§ 102 and 103                
          begins with a determination of the scope of the claim.  The                 
          properly interpreted claim must then be compared with the prior             
          art.  Claim interpretation must begin with the language of the              
          claim itself.  See Smithkline Diagnostics, Inc. v. Helena                   
          Laboratories Corp., 859 F.2d 878, 882, 8 USPQ2d 1468, 1472 (Fed.            
          Cir. 1988).  Accordingly, we will initially direct our attention            
          to appellants' independent claims 15 and 19 to derive an                    
          understanding of the scope and content thereof.                             


               Before turning to the proper construction of independent               
          claims 15 and 19, it is important to review some basic principles           
          of claim construction.  First, and most important, the language             
          of the claim defines the scope of the protected invention.  Yale            
          Lock Mfg. Co. v. Greenleaf, 117 U.S. 554, 559 (1886) ("The scope            
          of letters patent must be limited to the invention covered by the           
          claim, and while the claim may be illustrated it cannot be                  
          enlarged by language used in other parts of the specification.");           
          Autogiro Co. of Am. v. United States, 384 F.2d 391, 396, 155 USPQ           








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