Appeal No. 1998-1317
Application No. 08/522,112
following elements: average size of words, sentences, and
paragraphs; distribution of word size; and average frequency
of letter occurrence, see page 6 of the brief.
Examiner responds to this argument by correctly noting
that Guberman was not cited for disclosure of these features.
Examiner directs attention to Stroke for a disclosure of
recognizing blurred text and to Huttenlocher for a disclosure
of: the recited elements of average size of words, sentences,
and paragraphs; distribution of word size; and average
frequency of letter occurrence.
As pointed out by our reviewing court, we must first
determine the scope of the claim. “[T]he name of the game is
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 (Fed. Cir. 1993). Although an inventor is indeed free to
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