Appeal No. 2003-0469
Application No. 09/317,480
119 USPQ 133, 135 (C.C.P.A. 1958) (“Indiscriminate reliance on definitions
found in dictionaries can often produce absurd results.”)). “In short, the
presumption in favor of a dictionary definition will be overcome where the
patentee, acting as his or her own lexicographer, has clearly set forth an explicit
definition of the term different from its ordinary meaning.” Id. “Further, the
presumption also will be rebutted if the inventor has disavowed or disclaimed
scope of coverage, by using words or expressions of manifest exclusion or
restriction, representing a clear disavowal of claim scope.” Id.
Claim 1 contains the limitations “dividing the cell into a plurality of sectors”,
“allocating channels within each sector to users in the corresponding sector” and
“when the number of channels in a first sector of the cell reaches a
predetermined threshold, reassigning an unused channel from a second sector in
the cell to the first sector.” Claim 6 similarly includes the limitations of “dividing
the cell into a plurality of sectors”, “allocating channels within each sector to
users in the corresponding sector” and “when the number of channels in a first
sector of the cell reaches a predetermined threshold . . . reassigning the unused
channel from the second sector in the cell to the first sector in the cell.” Thus, the
scope of claims 1 and 6 includes that a cell has several sectors, each of which is
assigned several channels and when the number of channels being allocated to
users in one of the sectors reaches a threshold an un-used channel from another
7
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