Ex parte ABE et al. - Page 6




          Appeal No. 1997-2212                                       Page 6           
          Application No. 08/233,387                                                  


               FORTRAN into machine codes, and its structure                          
               conserve during compiling and decompiling (see Col.                    
               3, lines 37-42). (Examiner’s Answer at 3.)                             
          The appellants’ argue, “Robinson does not teach decompiling at              
          all, rather Robinson teaches only translating/assembling.”                  
          (Reply Br. at 4.)                                                           





               “[W]hen interpreting a claim, words of the claim are                   
          generally given their ordinary and accustomed meaning, unless               
          it  appears from the specification or the file history that                 
          they were used differently by the inventor.”  In re Paulsen,                
          30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994)                   
          (citing Carroll Touch, Inc. v. Electro Mechanical Sys., Inc.,               
          15 F.3d 1573, 1577, 27 USPQ2d 1836, 1839 (Fed. Cir. 1993)).                 
          Here, claims 1-9 and 11-19 each specifies in pertinent part                 
          the following limitations: “decompiling the machine program,                
          thereby producing a second high-level language source program               
          which does not depend on any architecture ....”  Because                    
          neither the specification nor the file history defines the                  
          term “decompiling” nor suggests that the appellants sought to               







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