Appeal No. 2002-0586
Application 08/949,213
posture of the occupant. Claim 1 which is representative of the invention is reproduced
below:
1. A design template comprising:
a torso for at least one of designing, evaluating and measuring human
occupant accommodation being one of a group comprising a 95th percentile
male, 50th percentile male and 5th percentile female having each being one
of a group comprising an ERECT posture, a NEUTRAL posture and a
SLUMPED posture, said torso containing indicia of skeletal landmarks
relative to a seated human body occupant.
Our initial inquiry is directed to the scope of the claimed subject matter. During
patent prosecution, claims are to be given their broadest reasonable interpretation
consistent with the specification, and the claim language is to be read in view of the
specification as it would be interpreted by one of ordinary skill in the art. In re Morris,
127 F.3d 1048, 1053-54, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Zletz, 893 F.2d
319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548,
218 USPQ 385, 388 (Fed. Cir. 1983); In re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464,
466 (CCPA 1976).
Claim construction is a legal issue which is reviewed de novo. Cybor Corp. v.
FAS Techs., Inc., 138 F.3d 1448, 1456, 46 USPQ2d 1169, 1174 (Fed. Cir. 1998) (en
banc); In re Freeman, 30 F.3d, 1459, 1464, 31 USPQ2d 1444, 1447 (Fed. Cir. 1994).
Here claim 1 recites the term “percentile.” The only description that sheds light to this
term in the specification is at page 15, which enlightens one skilled in the art that the
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