Markman v. Westview Instruments. Inc., 52 F.3d 967, 979-80, 34 USPQ2d 1321, 1330 (Fed. Cir.
1995) (en banc), affd, 517 U.S. 370 [38 USPQ2d 1461) (1996); CCS Fitness, 288 F.3d at 1366, 62
USPQ2d at 1662. However, claim terms take on their ordinary and accustomed meanings unless the
patentee demonstrated an intent to deviate from the ordinaryand accustomed meaning of a claim
term by redefining the term or by characterizing the invention in the intrinsic record using words or
expressions of manifest exclusion or restriction, representing a clear disavowal of claim scope.
Teleflex, Inc. v. Ficosa North America CoW., 299 F.3d 1313, 1325, 63 USPQ2d 1374,1382 (Fed.
Cir. 2002). Therefore, we must look to each party's written description to see whether a particular
meaning has been given to the words and phrases used in the parties respective claims, and to the
relevant prosecution history. VitronicsCojp. v. Concgptronic, Inc., 90F.3d 1576,1582,39USPQ2d
1573, 1577 (Fed. Cir. 1996) (holding that "it is always necessary to review the specification to
determine whether the inventor has used any terms in a manner inconsistent with their ordinary
meaning").
B.
In order to construe the parties' claims it is important to understand the meaning of
"totipotent cell" and "somatic cell" as used in the claims. First we look to the ordinary meaning of
these phrases. To understand the ordinary meanings, it is necessary to understand the concept of
"cell differentiation." Cell differentiation refers to the process where the descendants of certain cells
develop and maintain specialization of structure or function not found in ancestor cells. It is the
process that leads to the expression of the phenotypic properties of mature cells from cells that
originally are unspecialized. The zygote and the cells of the early stages of the embryo include
undifferentiated cells. There is a point in the development of an organism by cell division and
multiplication that subsequent generations of cells begin to differentiate and will ultimately give rise
to the specific cells, organs and tissue of the adult. For example, as a mammalian organism develops
from the single cell zygote to embryo to fetus to adult, the originally undifferentiated cells of the
zygote undergo cell division and multiply to eventually develop all the various components -the
cells, organs and tissues -- of the adult. Once differentiation begins, subsequent generations of cells
may continue to differentiate and will eventually express the various phenotypic properties of the
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