Appeal No. 1997-0483
Application No. 07/648,900
OPINION
A. Claim interpretation
All of the appealed claims depend directly or indirectly on independent claim 5.
Claim 5 recites a polypeptide consisting essentially of an amino acid sequence which
corresponds to the residues 407 to 486 of a mammalian thrombomodulin as shown in
Figure 6 (emphasis added).
During ex parte prosecution, claims are to be given their broadest reasonable
interpretation consistent with the description of the invention in the specification. In re
Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320,1322 (Fed. Cir. 1989). Unless otherwise
defined by applicants in the specification, claim language should be read in light of the
specification as it would be interpreted by those of ordinary skill in the art. In re Sneed, 710
F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983). Thus, our analysis begins with
determining what is meant by the terms "corresponds to" and "consisting essentially of."
There is no evidence that appellants intended "corresponds to" to carry any
extraordinary meaning. The first and second definitions for "correspond" in the American
Heritage Dictionary, second college edition (1982) (copy attached), are
1. To be in agreement, harmony, or conformity; be consistent or compatible:
... 2. To be similar, parallel, equivalent, or equal in character, quantity, origin,
structure, or function: ...
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007