Ex Parte JALETT et al - Page 4




          Appeal No. 2001-0421                                                        
          Application 08/926,835                                                      


               During patent examination, the PTO gives claim language its            
          “broadest reasonable interpretation.” In re Morris, 127 F.3d                
          1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  In general,             
          the terms in a patent claim are given their ordinary meaning as             
          used in the field of the invention unless the text of the patent            
          indicates that a word has special meaning.  Rexnord Corp. v.                
          Laitram Corp.,  274 F.3d 1336, 1342, 60 USPQ2d 1851, 1854 (Fed.             
          Cir. 2001).  A patentee may be his own lexicographer provided               
          that he sets forth an explicit definition for a claim term in the           
          patent specification.  Id.                                                  
               Claim 1 recites “[a] process for the hydrogenation of an               
          imine . . . wherein the reaction mixture . . . additionally                 
          contains an acid.” (Emphasis added.)  The specification is                  
          limited to the following explanation regarding the use of an acid           
          in the claimed process:  “[t]he process according to the                    
          invention further comprises the additional concomitant use of an            
          acid.  It may be an inorganic or, preferably, an organic acid.”             
          Specification, page 18, second full paragraph.  In our view this            
          language does not indicate that appellants intended to assign any           
          special meaning to the aforementioned claim language.  Thus, the            
          claims must be interpreted based on their ordinary meaning.                 


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