Appeal No. 2002-2106
Application 09/313,359
Nakano discloses a communications system in which the exchange
station notifies the base station of a transmission power value,
and that the base station corrects its transmission power to
match the notified transmission power value. The exchange
station sets this notified transmission value based upon the
comparison of the transmission power values reported from the
base stations. The Examiner points to Nakano, column 18,
line 66, through column 19, line 17. The Examiner argues that
the notified transmission power value reads on the Appellants’
claimed presettable target value because the notified power value
is set before it is transmitted to the base station and used to
correct transmission power. See page 4 of the Examiner’s answer.
As our reviewing court states, “[t]he terms used in the
claims bear a “heavy presumption” that they mean what they say
and have the ordinary meaning that would be attributed to those
words by persons skilled in the relevant art.” Tex. Digital
Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193, 1202, 64 USPQ2d
1812, 1817 (Fed. Cir. 2002), cert. denied, 123 S.Ct. 2230 (2003).
“Moreover, the intrinsic record also must be examined in every
case to determine whether the presumption of ordinary and
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