Appeal No. 94-4009 Paper No. 32
Application No. 07/953,716 Page 7
195, 197 (Fed. Cir. 1983) ("A claim must be read in accordance
with the precepts of English grammar."). As previously noted,
an effective dose of Fujikawa's compounds is administered to
patients affected with hypercholesterolemia, hyperlipidemia,
and atherosclerosis. Thus far in the claim analysis,
Appellants' patient population is the same as, or
substantially overlapping with, Fujikawa's patient population:
patients at-risk for or suffering hyperlipidemia or
atherosclerosis.
Prior to atherosclerotic intimal thickening
To determine the proper meaning of claims, we first
consider the intrinsic evidence (the claims, the written
description and drawings, and the prosecution history).4
Digital Biometrics, Inc. v. Identix, Inc., 149 F.3d 1335,
1347, 47 USPQ2d 1418, 1424 (Fed. Cir. 1998). The ordinary
meaning of the words "prior to atherosclerotic intimal
thickening" seems clear enough: the treatment must precede at
least some intimal thickening. The claim language itself does
not resolve whether treatment must occur before any intimal
thickening. In this regard, the specification is helpful in
4 However, even with intrinsic evidence, there is a
hierarchy: the actual words of the claim are the controlling
focus. Ordinarily, resort to extrinsic evidence should not be
necessary. Id.
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