Appeal No. 1999-0259
Application 08/596,857
First we must determine the scope of the claims.
“[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).
In determining the scope of the independent claims on appeal,
we focus on the disputed claim limitation “where the circuit
cells include active elements.” We construe the term “active
elements” to ascertain it scope and meaning. See In re
Paulsen, 30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674. The Modern
Dictionary of Electronics defines the term “active element
[component].” The definition states:
1. Those components in a circuit that have
gain, or direct current flow, such as SCRs,
transistors, thyristors, or tunnel diodes.
They change the basic character of an
applied electrical signal by rectification,
amplifi- cation, and switching and so
forth. (Passive elements like inductors,
capacitors, and resistors, have no gain
characteristics). 2. A device, the output
of which is dependent on a source of power
other than the main input signal. 3. A
device capable of some dynamic function
(such as amplificaton, oscillation, signal
control) and which usually requires an
external power supply for its operation.
4. Broadly, any device (including
electromechanical relay) that can switch
(or amplify) by application of low-level
signals.
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