Appeal No. 2002-0867
Application No. 08/738,659
Terms (5th ed. 1993), at page 426, defines electronic mail as “[t]he
generation, transmission, and display of correspondence and documents
by electronic means.” The Microsoft Press Computer Dictionary (2nd ed.
1994), at page 143, defines electronic mail as “[t]he transmission of
messages over a communications network.” [Footnote omitted.] The
Microsoft Press dictionary entry for the relevant term goes on to describe
ways in which electronic mail may be used, but does not restrict “electronic
mail” to any particular format or protocol, nor to any particular
communications network equipment.
We acknowledge that there may be other definitions in other
technical dictionaries suggesting a narrower meaning for “electronic mail”
than those definitions we have noted. However, that narrower definitions
might be found is immaterial in the present inquiry. Claims are to be given
their broadest reasonable interpretation during prosecution. See In re
Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In
re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re
Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969).
“An essential purpose of patent examination is to fashion claims that are
precise, clear, correct, and unambiguous. Only in this way can
uncertainties of claim scope be removed, as much as possible, during the
administrative process.” Zletz, 893 F.2d at 321, 13 USPQ2d at 1322.
In view of the above-noted technical dictionary definitions, we fail to
see how the broadest reasonable interpretation of “electronic mail
message” as presented in instant claim 88 precludes the electronic
communication of files over the local area network (LAN) disclosed by
Kraslavsky.
Appellant’s specification (at 9-10) provides a formal definition of
“connectionless-mode transmission,” and suggests that Internet electronic
mail systems may provide a means for connectionless-mode of
communication (at 18). However, the artisan knew that communication
across a LAN as disclosed by Kraslavsky is also a form of connectionless-
mode transmission. At the hardware level, each EtherNet board on the
LAN has a unique Media Access Control (MAC) address. Col. 9, ll. 25-34.
Data are transferred in frame packets comprised of the destination
address, the source address, and a data section. Col. 28, ll. 23-35; Fig. 9.
There is no direct connection between a source and destination of data
transferred on the network.
In Kraslavsky, by means of PC 14 the network administrator may
perform extensive monitoring of printer 4. Col. 6, l. 45 - col. 7, l. 19.
However, Kraslavsky discloses that any PC on the network (Figure 1) may
request the status -- i.e., monitor -- and utilize the services of printer 4 via
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