Ex parte NICHOLS et al. - Page 6




          Appeal No. 1998-0905                                                        
          Application 08/284,061                                                      


          the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d               
          1523, 1529 (Fed. Cir. 1998).  Moreover, when 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.  Carroll Touch, Inc. v. Electro                
          Mechanical Sys., Inc., 15 F.3d 1573, 1577, 27 USPQ2d 1836,                  
          1840.  Although an inventor is indeed free to define the                    
          specific terms used to describe his or her invention, this                  
          must be done with reasonable clarity, deliberateness, and                   
          precision.  In re Paulsen, 30 F.3d 1475, 1479, 31 USPQ2d 1671,              
          1674 (Fed. Cir. 1994).                                                      




               In rejecting claims under 35 U.S.C. § 103, the Examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness (see In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d              
          1955, 1956 (Fed. Cir. 1993); In re Oetiker, 977 F.2d 1443,                  
          1446, 24 USPQ2d 1443, 1445 (Fed. Cir. 1992)), which is                      
          established when the teachings of the prior art itself would                

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