Ex parte KRISHNAKUMAR et al. - Page 8




                Appeal No. 95-3789                                                                                 Page 8                     
                Application No. 08/047,047                                                                                                    


                         court must decide, that is, whether one of ordinary                                                                  
                         skill in the art would understand what is claimed when                                                               
                         the claim is read in light of the specification.                                                                     



                         In Shatterproof Glass Corp. v. Libbey-Owens Ford Co., 758                                                            
                F.2d 613, 624, 225 USPQ 634, 641 (Fed. Cir. 1985), the court                                                                  
                added:                                                                                                                        
                         If the claims, read in light of the specifications                                                                   
                         [sic], reasonably apprise those skilled in the art both                                                              
                         of the utilization and scope of the invention, and if                                                                
                         the language is as precise as the subject matter                                                                     
                         permits, the courts can demand no more.                                                                              


                         Indeed, the fundamental purpose of a patent claim is to                                                              
                define the scope of protection  and hence what the claim5                                                                           
                precludes others from doing.  All things considered, because a                                                                
                patentee has the right to exclude others from making, using and                                                               
                selling the invention covered by a United States letters patent,                                                              
                the public must be apprised of what the patent covers, so that                                                                
                those who approach the area circumscribed by the claims of a                                                                  
                patent may more readily and accurately determine the boundaries                                                               
                of protection in evaluating the possibility of infringement and                                                               



                         5   See In re Vamco Machine & Tool, Inc., 752 F.2d 1564, 224                                                         
                USPQ 617 (Fed. Cir. 1985).                                                                                                    







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