Ex Parte Hahn et al - Page 13




               Appeal No. 2003-1836                                                                         Page 13                   
               Application No.10/085,590                                                                                              


                                                       4. Stopping a Motor                                                            
                       The examiner finds that in Persem, "[i]f the compressor's capacity exceeds the                                 
               load even when running at its minimum speed, the controller will shut down the motor                                   
               (col. 12, para. 1)."  (Examiner's Answer at 4.)  The appellants argue,  "it is clear from                              
               the claim that it is a signal which is based upon a detection of a fault.  For this additional                         
               reason, Claim 22 is allowable."  (Reply Br. at 3.)                                                                     


                       In addressing the point of contention, the Board conducts a two-step analysis.                                 
               First, we construe the claim at issue to determine its scope.  Second, we determine                                    
               whether the construed claim would have been obvious.                                                                   


                                                      a. 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).                                                                                                 













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