Ex Parte SUMNER - Page 4




               Appeal No. 2002-1696                                                                            Page 4                   
               Application No. 08/921,884                                                                                               

               See col. 3 first paragraph."  (Id.)  The appellant argues, "Fascenda and King do not                                     
               customize the information sent to each subscriber unit in a group call message, as does                                  
               the instant invention, as claimed."  (Appeal Br. at 9.)                                                                  


                        In addressing the point of contention, the Board conducts a two-step analysis.                                  
               First, we construe claims at issue to determine their scope.  Second, we determine                                       
               whether the construed claims would have been obvious.                                                                    


                                                      1. CLAIM CONSTRUCTION                                                             
                        "Analysis begins with a key legal question -- what is the invention claimed?"                                   
               Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                                       
               Cir. 1987).  Here, independent claim 1 recites in pertinent part the following limitations:                              
               "delivering a master message addressed to a first group of subscriber units and a                                        
               corresponding records message addressed to a second group of subscriber units, the                                       
               records message comprising a plurality of records, each record including subscriber-                                     
               customized information corresponding to a subscriber unit that will receive the records                                  
               message. . . ."  Independent claims 10 and 17 include similar limitations.  Giving the                                   
               independent claims their broadest, reasonable construction, the limitations require that                                 
               a message comprise records, each record including data customized to a subscriber                                        
               that will receive the message.                                                                                           








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

Last modified: November 3, 2007