Appeal No. 2001-0338
Application No. 08/932,953
308 F.3d 1193, 1204, 64 USPQ2d 1812, 1819. ("[A] common meaning,
such as one expressed in a relevant dictionary, that flies in the
face of the patent disclosure is undeserving of fealty."); Texas
Digital Systems, Inc. v. Telegenix, Inc., 308 F.3d at 1204,
64 USPQ2d at 1819 (Fed. Cir. 2002) (citing Liebscher v.
Boothroyd, 258 F.2d 948, 951, 119 USPQ 133, 135 (CCPA 1958)).
We note that claim 5 recites
"a display having a controllable intensity connected to
said processor . . . a control for changing intensity
of said display based on said signal."
From the plain language of the claim, Appellants have not claimed
varying intensity but instead claimed changing intensity. Thus,
the broadest reasonable interpretation of the claim would read on
a situation in which a screen that is displaying a picture to a
screen that is black. In fact, this is consistent with
Appellants' own specification. On page 16 of the specification,
Appellants state that the change of intensity is simply slowly
fading the display intensity to black.
Tonosaki teaches several embodiments. The embodiment which
is relied on by the Examiner is embodiment 2 set forth in column
6, line 38, to column 7 line 17. In this embodiment, Tonosaki
teaches a display using liquid crystals. Tonosaki teaches that
it is important not to turn the power off completely to the
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