Appeal No. 2002-1710 Page 11
Application No. 09/023,441
following reasons: a) in order save memory by erasing unused operating system(s);
b) in order to update an operating system by overwriting an old version; and c) by
allowing the system to only store the operating system being used, the size of the
memory of the printer is greatly reduced." (Id.) The appellants argue, "the passage in
Brown, III, et al. which the Examiner cites (abstract and column 2, lines 1-16) refers to
fonts and macros, which . . . are not operating systems." (Appeal Br. at 14.)
1. Claim Construction
"The general rule is, of course, that terms in the claim are to be given their
ordinary and accustomed meaning." Johnson Worldwide Assocs., Inc. v. Zebco Corp.,
175 F.3d 985, 989, 50 USPQ2d 1607, 1610 (Fed. Cir. 1999) (citing Renishaw PLC v.
Marposs Societa Per Azioni, 158 F.3d 1243, 1249, 48 USPQ2d 1117, 1121 (Fed. Cir.
1998); York Prods., Inc. v. Central Tractor Farm & Family Ctr., 99 F.3d 1568, 1572, 40
USPQ2d 1619, 1622 (Fed. Cir. 1996)). "It is well settled that dictionaries provide
evidence of a claim term's 'ordinary meaning.'" Inverness Med. Switz. GmbH v. Warner
Lambert Co., 309 F.3d 1365, 1369, 64 USPQ2d 1926, 1930 (Fed. Cir. 2002) (citing
Texas Digital Sys. Inc. v. Telegenix Inc., 308 F.3d 1193, 1202, 64 USPQ2d 1812, 1818
(Fed. Cir. 2002); CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366, 62
USPQ2d 1658, 1662 (Fed. Cir. 2002)).
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