Ex Parte Ruesch - Page 4



          Appeal No. 2003-1262                                                         
          Application No. 09/620,679                                                   

          between power lines Vss (usually at 0 volt) and  VTT (usually                
          higher than VSS) (id.) to conclude that the first potential must             
          be  VTT whereas the second potential is VSS or the Ground (answer,           
          page 8).                                                                     
               Before addressing the Examiner’s rejection based on prior               
          art, it is essential that we understand the claimed subject                  
          matter and determine its scope.  Accordingly, as required by our             
          reviewing court, we will initially direct our attention to                   
          Appellants’ claim 7 in order to determine its scope.  “[T]he name            
          of the game is the claim.”  In re Hiniker Co., 150 F.3d 1362,                
          1369, 47 USPQ2d 1523, 1529 (Fed. Cir. 1998).  While, the                     
          limitation of “a second 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                
                                          4                                            




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

Last modified: November 3, 2007