Ex parte BORGES et al. - Page 6




          Appeal No. 2000-1634                                       Page 6           
          Application No. 09/093,279                                                  


          prior art.  Claim interpretation must begin with the language               
          of the claim itself.  See Smithkline Diagnostics, Inc. v.                   
          Helena Laboratories Corp., 859 F.2d 878, 882, 8 USPQ2d 1468,                
          1472 (Fed. Cir. 1988).                                                      


               In this instance, we must construe the meaning of the                  
          phrase "a generally U-shaped member" as used in claim 1 under               
          appeal.  In proceedings before it, the United States Patent and             
          Trademark Office (USPTO) applies to the verbiage of the claims before       
          it 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 appellants' specification.  In re Morris, 127 F.3d         
          1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See also In re          
          Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).  In         
          view of the discussion of this phrase set forth in the                      
          paragraph bridging pages 3 and 4 of the specification and                   
          Figures 1 to 5, we understand the phrase "a generally U-shaped              
          member having two generally parallel opposing arms and a base"              
          to mean a U-shaped member having only two generally parallel                







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