MORRISON et al. V. MANNHEIMER et al. - Page 13




          Interference No. 103,197                                                      


               Because Buschmann’s involved claims are not patent                       
          claims, Mannheimer’s burden of proof with respect to proving                  
          unpatentability is a preponderance of the evidence.  See                      
          Bruning v. Hirose, 161 F.3d 681,   , 48 USPQ2d 1934, 1938(Fed.                
          Cir.                                                                          
          1998)("[T]his court holds that, during an interference                        
          involving a patent issued from an application that was                        
          copending with the interfering application, the appropriate                   
          standard of proof for validity challenges is the preponderance                
          of the evidence standard.").                                                  
               The first matter to consider is, of course, claim                        
          construction.  As explained in In re Morris, 127 F.3d 1048,                   
          1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997), "the 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."  See also In re                  
          Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1321-22 (Fed. Cir.                  
          1989):                                                                        

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