Ex Parte KADABA - Page 4




              Appeal No. 2002-0419                                                                                        
              Application No. 08/457,732                                                                                  


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              appellant's specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by appellant and the examiner.  As a consequence of                        
              our review, we make the determinations which follow.                                                        
                     Before addressing the examiner's rejections based upon prior art, it is an                           
              essential prerequisite that the claimed subject matter be fully understood.  Analysis of                    
              whether a claim is patentable over the prior art under 35 U.S.C. §§ 102 and 103 begins                      
              with a determination of the scope of the claim.  The properly interpreted claim must then                   
              be compared with the prior art.  Claim interpretation must begin with the language of the                   
              claim itself.  See Smithkline Diagnostics, Inc. v. Helena Laboratories Corp.,                               
              859 F.2d 878, 882, 8 USPQ2d 1468, 1472 (Fed. Cir. 1988).  Accordingly, we will initially                    
              direct our attention to appellant's claim to derive an understanding of the scope and                       
              content thereof.                                                                                            
                     Before turning to the proper construction of the claims, it is important to review                   
              some basic principles of claim construction.  First, and most important, the language of                    
              the claim defines the scope of the protected invention.  Yale Lock Mfg. Co. v.                              
              Greenleaf, 117 U.S. 554, 559 (1886) ("The scope of letters patent must be limited to                        
              the invention covered by the claim, and while the claim may be illustrated it cannot be                     
              enlarged by language used in other parts of the specification."); Autogiro Co. of Am. v.                    

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