Interference No. 105,113 1589, 1594 (Fed. Cir. 1997) (“The specification that is relevant to claim construction is the specification of the patent in which the claims reside.''). As explained in Intellectual Property Development Inc. v. UA-Columbia Cablevision of Westchester Inc., 336 F.3d 1308, 1314, 67 USPQ2d 1385, 1389 (Fed. Cir. 2003): In the absence of an express intent to impart a novel meaning to claim terms, the words are presumed to take on the ordinary and customary meanings attributed to them by those of ordinary skill in the art. See, e.g., Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1325 [63 USPQ2d 1374] (Fed. Cir. 2002). The ordinary and customary meaning of a claim term may be determined by reviewing a variety of sources. Brookhill-Wilk 1, LLC v. Intuitive Surgical, Inc., 334 F.3d 1294, 1299 [67 USPQ2d 1132 ] (Fed. Cir. June 27, 2003). Some of these sources include the claims themselves, see Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357 [52 USPQ2d 1029] (Fed. Cir. 1999); dictionaries and treatises, Tex. Digital Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193, 1202 [64 USPQ2d 1812] (Fed. Cir. 2002); and the written description, the drawings, and the prosecution history, see, e.g., DeMarini Sports, Inc. v. Worth, Inc., 239 F.3d 1314, 1324 [57 USPQ2d 1889] (Fed. Cir. 2001). As evidence of the meaning of the disputed terms, the motion relies on definitions of "chamber" and other terms from Webster's II New Collegiate Dictionary (2001 ed.) (hereinafter Webster) (CX 2008, CX 2023) as well as on a declaration by Dr. Robert Geffken. Ritzdorf's opposition counters with a declaration by inventor Thomas Ritzdorf. This testimony is entitled to consideration only if the meanings of the disputed terms cannot be ascertained from the intrinsic evidence and the relevant dictionaries and treatises. See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1583, 39 USPQ2d 1573, 1577 (Fed. Cir. 1996) ("In most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term. In such - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007