Appeal No. 2000-2156 Page 4 Application No. 08/431,727 No. 3,884,905 issued May 20, 1975 to Bodor; (V) the declaration of Patrick P. Deluca, executed July 30, 1999; the declaration of Anwar A. Hussain, executed July 30, 1999; and the declaration of Nicholas S. Bodor, executed February 1, 1993. On consideration of the record, including the above-listed materials, we reverse the examiner’s prior art and non-prior art rejections. Discussion Initially, we emphasize that this tribunal serves to review cases on appeal; the board does not engage in de novo examination of patent applications ("The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents ."). 35 U.S.C. § 6(b). Here, the rejections presented for review do not rise to the level of superficial plausibility and we shall not belabor the record with extensive comments. We reverse the examiner’s prior art and non-prior art rejections for reasons succinctly set forth in applicant’s principal brief, and we add the following the following comments for emphasis only. It is well settled that a patent applicant may, within reason, be his own lexicographer. Lear Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 888, 221 USPQ 1025, 1031 (Fed. Cir. 1984); Fromson v. Advance Offset Plate, Inc., 720 F.2d 1565, 1569, 219 USPQ 1137, 1140 (Fed. Cir. 1983). Furthermore, in proceedings before the PTO, claims in an application are to be given their broadest reasonable interpretation consistent with the specification, and claim language should be read in light of thePage: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007