Ex parte TORIMITSU et al. - Page 6




                 Appeal No. 95-3082                                                                                                                     
                 Application No. 08/117,546                                                                                                             


                 reference would allow, for example alcohol esters.” (brief,                                                                            
                 page 6).  As stated by our reviewing court in In re Morris:4                                                                           
                                   [T]he PTO applies to the verbiage of the proposed                                                                    
                                   claims the broadest reasonable meaning of the words                                                                  
                 in                         their ordinary usage as they would be understood                                                            
                 by one                     of ordinary skill in the art, taking into                                                                   
                 account                    whatever enlightenment by way of definitions or                                                             
                                            otherwise that may be afforded by the written                                                               
                                            description contained in the applicant’s                                                                    
                 specification.                                                                                                                         
                 The specification does not contain any definition of the term                                                                          
                 “phenol ester” but does refer to a book  and many patents to          5                                                                
                 show “usable phenols” (pages 11-12).  The examples in the                                                                              
                 specification use 4,4',4'’- trihydroxy-triphenylmethane, 2,2-                                                                          
                 bis(2,4-dihydroxyphenyl)propane, 2,4,4'-trihydroxy-                                                                                    
                 diphenylmethane, 2,3,4,4'-tetrahydroxydiphenylmethane, and                                                                             
                 2,3,4,4'-tetrahydroxy-benzophenone as phenols used for                                                                                 
                 esterifying various 1,2-naphthaquinone diazide compounds                                                                               
                 (pages 18-27).  “Without an express intent to impart a novel                                                                           
                 meaning to claim terms, an inventor’s claim terms take on                                                                              
                 their ordinary meaning.”  York Prods., Inc. v. Central Tractor                                                                         

                          4127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir.                                                                         
                 1997).                                                                                                                                 
                          5J. Kosai, “Light-Sensitive Systems”, pp. 339-357, John                                                                       
                 Wiley & Sons, Inc., New York, 1965.                                                                                                    
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