Ex Parte LINSLEY et al - Page 5




              Appeal No. 1999-2330                                                                                      
              Application No. 08/219,200                                                                                



                                                    DISCUSSION                                                          
                     In reaching our decision in this appeal, we have given consideration to the                        
              appellants’ specification and claims, to the applied references, and to the respective                    
              positions articulated by the appellants and the examiner.                                                 
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the noted rejections, we make reference to the Examiner's                        
              Answer for the examiner's reasoning in support of the rejection, and to the appellants’                   
              Brief and Reply Brief for the appellants’ arguments thereagainst.  As a consequence of                    
              our review, we make the determinations which follow.                                                      


              Claim Interpretation                                                                                      
                     Our appellate reviewing court stated in Panduit Corp. v. Dennison Mfg. Co.,                        
              810 F.2d 1561, 1567-1568, 1 USPQ2d 1593, 1597 (Fed. Cir. 1987):                                           
                            Analysis begins with a key legal question -- what is the                                    
                            invention claimed?  Courts are required to view the claimed                                 
                            invention as a whole.  35 U.S.C. 103.  Claim interpretation,                                
                            in light of the specification, claim language, other claims and                             
                            prosecution history, is a matter of law and will normally                                   
                            control the remainder of the decisional process.  [Footnote                                 
                            omitted.]                                                                                   






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