CHEUNG et al vs. RITZDORF et al - Page 7




                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                               





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