Appeal No. 2000-1472 Application No. 08/855,104 than the outer peripheral edges of the series of apertures with which it is associated. Before addressing the examiner's rejections based upon prior art, it is an essential prerequisite that the claimed subject matter be fully understood. Analysis of whether a claim is patentable over the prior art under 35 U.S.C. §§ 102 and 103 begins with a determination of the scope of the claim. The properly interpreted claim must then be compared with the prior art. In determination of the scope of the claim "resort must be had in the first instance to the words of the claim" and words "’will be given their ordinary and accustomed meaning, unless it appears that the inventor used them differently.’" Envirotech Corp. v. Al George, Inc., 730 F.2d 753, 759, 221 USPQ 473, 477 (Fed. Cir. 1984). It is equally "fundamental that claims are to be construed in the light of the specification and both are to be read with a view to ascertaining the invention." United States v. Adams, 383 U.S. 39, 49, 148 USPQ 479, 482 (1966). Accordingly, we will initially direct our attention to the appellant’s claim 1, 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007