Appeal 97-1804
Application 08/329,042
1. Meaning of "layer" in claim 1
What does the word "layer" in claim 1 mean?
Construction of the meaning of a word in a claim is an
issue of law to be resolved based on the facts of each case.
Markman v. Westview Instruments, Inc., 517 U.S. 370, 391, 116
S.Ct. 1384, 1396 (1996) (interpretation of the word
"inventory" [in a patent claim] in this case is an issue for
the judge, not the jury ***."); Ethicon Endo-Surgery, Inc. v.
U.S. Surgical Corp., 93 F.3d 1572, 1577, 40 USPQ2d 1019, 1022
(Fed. Cir. 1996) (significance to be given a limitation in a
patent claim is a question of law which is resolved based on
particular facts).
The meaning of words in a claim is ascertained from
language of claims, the specification, and prosecution
history. Also relevant are other claims and expert testimony.
Claims should be construed as one skilled in the art would
construe them. Smithkline Diagnostics, Inc. v. Helena
Laboratories Corp., 859 F.2d 878, 882, 8 USPQ2d 1468, 1471
(Fed. Cir. 1988). To determine the meaning of "layer" we have
looked to the specification. Compare Digital Biometrics Inc.
v. Identix Inc., 149 F.3d 1335, 1344, 47 USPQ2d 1418, 1424
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