Appeal No. 2001-2672
Application 08/990,360
PLC v. Marposs Societa’ per Azioni, 158 F.3d 1243, 1250, 48
USPQ2d 1117, 1122 (Fed. Cir. 1998) “Indiscriminate reliance on
definitions found in dictionaries can often produce absurd
results.”). (citing Liebscher v. Boothroyd, 258 F.2d 948, 951,
119 USPQ 133, 135 (C.C.P.A. 1958)). “In short, the presumption
in favor of a dictionary definition will be overcome where the
patentee, acting as his or her own lexicographer, has clearly set
forth an explicit definition of the term different from its
ordinary meaning.” Id. “Further, the presumption also will be
rebutted if the inventor has disavowed or disclaimed scope of
coverage, by using words orf expressions of manifest exclusion or
restriction, representing a clear disavowal of claim scope.” Id.
Turning to the specification, it is clear that the remote
object access models are page shipping most currently associated
with Object-Oriented Database providers, and function shipping
which is a newer approach that is supported by a group called
OMG. See page 3 of Appellants’ specification. Page shipping is
explained in greater detail on pages 9 and 10 of the
specification and function shipping is similarly described in
greater detail on pages 10 and 11. From the specification, it is
clear that remote access models are completely different designs
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