Interference No. 104,190
USPQ 459, 473 (1965). This history contains the complete
record of all the proceedings before the Patent and Trademark
Office, including any express representations made by the
applicant regarding the scope of the claims. As such, the
record before the Patent and Trademark Office is often of
critical significance in determining the meaning of the
claims. See Markman, 52 F.3d at 980,
34 USPQ2d at 1330; Southwall Tech., Inc. v. Cardinal IG Co.,
54 F.3d 1570, 1576, 34 USPQ2d 1673, 1676 (Fed. Cir.), cert.
denied, 516 U.S. 987 (1995). ("The prosecution history limits
the interpretation of claim terms so as to exclude any
interpretation that was disclaimed during prosecution.")
(citations omitted). Included within an analysis of the file
history may be an examination of the prior art cited therein.
Autogiro Co. of Am. v. United States, 384 F.2d 391, 399, 155
USPQ 697, 704 (Ct. Cl. 1967)("In its broader use as source
material, the prior art
cited in the file wrapper gives clues as to what the claims do
not cover."). Vitronics at 1583, 39 USPQ2d at 1577.
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