Ex Parte CUOMO et al - Page 5




                 Appeal No. 2003-0509                                                                                  Page 5                     
                 Application No. 08/657,510                                                                                                       


                         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:                                                       
                         first subprocesses for displaying a hierarchy of selectable classes in a                                                 
                         class tree, the selectable classes being selectable for inclusion in the                                                 
                         application under development from the class tree; second subprocesses                                                   
                         for simultaneously displaying a graphical representation of the application                                              
                         under development; and third subprocesses for simultaneously displaying                                                  
                         code for one of the selectable classes.                                                                                  
                 Claim 7 includes similar limitations.   Giving claims 1 and 7 their broadest, reasonable                                         
                 construction, the limitations require simultaneously displaying a graphical representation                                       
                 of an application under development, a hierarchy of selectable classes, and code for                                             
                 one of the selectable classes.                                                                                                   








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007