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. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007