Appeal No. 2002-2012
Application No. 08/953,707
Torres does not teach or suggest automatically resizing text describing the
displayed program to fit in a fixed sized window on the display and that the
resizing of the text is dictated by the amount of text. Instead, Torres teaches that
character sizes are adjusted for a change in window size. This, however, is not
resizing text for a fixed sized window. Because Torres does not teach resizing
text for a fixed sized window, Torres cannot teach resizing of text dictated by the
amount of the text as recited in claim 26.
The examiner responds to appellants’ arguments on page 6 of the answer. The
examiner argues:
The fact that Torres teaches the ability to adjust the screen size is a more
advanced feature shown by Torres, in addition to fully disclosing the Applicant’s
claimed feature. It should be noted that the “text fitting” in Torres is done, not
while varying the size, but to a fixed window. Once the user decides on a display
size, the display remains FIXED, as the font size for the characters is calculated
with respect to the amount of available pixels in the display. This is all that is
claimed and is sufficiently shown by Torres.
We do not agree with the examiner’s interpretation of the claims and
characterization of the reference. Claims will be given their broadest reasonable
interpretation consistent with the specification, limitations appearing in the specification
will not be read into the claims. In re Etter 756 F.2d 852, 858, 225 USPQ 1, 5 (Fed.
Cir. 1985). In analyzing the scope of the claim, office personnel must rely on the
appellant’s disclosure to properly determine the meaning of the terms used in the
claims. Markman v. Westview Instruments, Inc., 52 F.3d 967, 980, 34 USPQ2d
1321, 1330 (Fed. Cir. 1995). “[I]nterpreting what is meant by a word in a claim ‘is not to
be confused with adding an extraneous limitation appearing in the specification, which is
improper.’” (emphasis original) In re Cruciferous Sprout Litigation, 301 F.3d 1343,
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