Ex Parte Kern et al - Page 5




          Appeal No. 2002-1173                                                         
          Application No. 09/510,640                                                   


          the dip in the supply voltage” should be given its ordinary                  
          meaning, In re Etter, 756 F.2d 852, 858, 225 USPQ 1, 5 (Fed. Cir.            
          1985), it should also be interpreted as broadly as possible.  Our            
          reviewing court further reasons that the terms used in the claims            
          bear a “heavy presumption” that they mean what they say and have             
          the ordinary meaning that would be attributed to those words by              
          persons skilled in the relevant art.  Texas Digital Systems Inc.             
          v. Telegenix Inc., 308 F.3d 1193, 1202, 64 USPQ2d 1812, 1817                 
          (Fed. Cir. 2002), quoting CCS Fitness, Inc. v. Brunswick Corp.,              
          288 F.3d 1359, 1366, 62 USPQ2d 1658, 1662 (Fed. Cir. 2002).                  
          Additionally, a court will give a claim term the full range of               
          its ordinary meaning as understood by persons skilled in the                 
          relevant art, unless compelled otherwise.  Texas Digital Systems,            
          Inc., 308 F.3d at 1202, 64 USPQ2d at 1818.  See also Rexnord                 
          Corp. v. Laitram Corp., 274 F.3d 1336, 1342, 60 USPQ2d 1851, 1854            
          (Fed. Cir. 2001).                                                            
               Appellants’ claims 1 and 9 require “repeating operations ...            
          which are supplied by the supply voltage and have been (possibly)            
          influenced by the dip in the supply voltage ...” (Emphasis                   
          added).  We note that the step of repeating operations supplied              
          by the supply voltage and affected by the dip clearly requires               
          performing the affected operations once again, starting from the             

                                          5                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007