Appeal No. 2003-1030 Application No. 08/820,181 customary meaning is rebutted. Indeed, the intrinsic record may show that the specification uses the words in a manner clearly inconsistent with the ordinary meaning reflected, for example, in a dictionary definition. In such a case, the inconsistent dictionary definition must be rejected. [Citation omitted.] ("[A] common meaning, such as one expressed in a relevant dictionary, that flies in the face of the patent disclosure is undeserving of fealty."); Liebscher v. Boothroyd, 258 F.2d 948, 951, 119 USPQ 133, 135 (CCPA 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. [Citations omitted.] 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. See Teleflex, 299 F.3d at 1324, 63 USPQ2d at 1380. Texas Digital Sys., Inc v. Telegenix, Inc., 308 F.3d at 1204, 64 USPQ2d at 1819. Appellant argues that the stationary queue is not a queue in the normal use of the term queue, but rather a structure which presents a queue-like behavior without being a queue. Appellant argues that the invention achieves queue like behavior (first- come, first served) without the use of a real queue. (Brief at pages 14-15.) We do not find that this argument is persuasive since a queue need not be FIFO order, therefore 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007