Ex Parte MISHESKI et al - Page 6




            Appeal No. 2002-0592                                                                              
            Application No. 09/107,090                                                                        


            1978).  One must be careful not to confuse impermissible imputing of limitations from             
            the specification into a claim with the proper reference to the specification to determine        
            the meaning of a particular word or phrase recited in a claim.  See E.I. Du Pont de               
            Nemours & Co. v. Phillips Petroleum Co., 849 F.2d 1430, 1433, 7 USPQ2d 1129,                      
            1131 (Fed. Cir.), cert. denied, 488 U.S. 986 (1988).  What we are dealing with in this            
            case is the construction of the limitations recited in the appealed claims.                       
                   The examiner merely maintains that the difference between the claimed invention            
            and Jordan is in the data source and the data target which is taught by Diwanji and that          
            the issue distills down to does the prior art teach a class defining such methods to              
            transfer data from a data source to a data target.  (See answer at page 5.)   The                 
            examiner maintains that a class defines a method to transfer the data from a data                 
            source to a data target if that class defines the data source and the data target.  (See          
            answer at pages 5-6.)  We disagree with the examiner and find that the indication of a            
            source and a target would encompass every method to transfer data from the source to              
            the target.  The examiner maintains that this is a reasonable interpretation.  (See               
            answer at page 6.)  We cannot agree with the examiner’s interpretation.  Appellants               
            have recited in each independent claim the user extensible data transfer mechanism                
            and a user extensible place class and specific objects and object methods in the place            
            class.  We find it unreasonable for the examiner to disregard all these express                   
            limitations and distill the claimed invention down to a mere designation of a data source         

                                                      6                                                       





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007