Ex Parte BROBERG - Page 5


                   Appeal No. 2000-0545                                                                                            
                   Application 08/638,339                                                                                          


                          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 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, 1480, 31 USPQ2d 1671,                              
                   1674 (Fed. Cir. 1994).  Our reviewing court states in In re Zletz, 893 F.2d 319, 321, 13                        
                   USPQ2d 1320, 1322 (Fed. Cir. 1989) that “claims must be interpreted as broadly as their                         
                   terms reasonably allow.”                                                                                        
                          We note that Appellant’s claim 1 recites a “memory for storing a user built                              
                   channel map comprising a plurality of user channel identifiers that have each been                              
                   assigned by the user to correlate to one of the channel numbers of the two or more                              
                   sources . . .”  (emphasis added).  We must determine the scope of the phrase “user built                        
                   channel map” as well as the phrase “assigned by the user to correlate to one of the                             
                   channel numbers.”                                                                                               
                          Addressing the phrase “user built channel map,” Appellant’s specification states                         
                   that “[t]he user builds a map in memory that correlates a channel input with a  particular                      
                   source.”  Specification, page 16, lines 5-7.  Default values in the channel map decision                        
                   list may be overridden by the user via user responses to on-screen menus.  Specification,                       



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