Ex Parte KUMPF et al - Page 4




             Appeal No. 2003-0048                                                              Page 4                
             Application No. 09/163,787                                                                              


                    In addressing the point of contention, the Board conducts a two-step analysis.                   
             First, we construe the independent 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).  In answering the question, "the Board must give claims their broadest                      
             reasonable construction. . . ."  In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                      
             1668 (Fed. Cir. 2000).                                                                                  


                    Here, claim 1 recites in pertinent part the following limitations: "forming, by the              
             client, a list of servers having peripherals having the basic function based upon                       
             announcements discovered in said step of searching; retrieving, by the client, data                     
             including that which specifies whether the peripheral has the additional function from                  
             servers on the list of servers having peripherals; and identifying, by the client,                      
             peripherals having the additional function by examining data retrieved in said step of                  
             retrieving from the list of servers."  Claim 6 includes similar limitations.  Giving the                
             independent claims their broadest, reasonable construction, the limitations require that                
             a client form a list of servers connected to peripherals performing a basic function,                   








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