Appeal No. 09/349,477 Page 6
Application No. 2003-1923
(Fed. Cir. 2002); CCS Fitness, Inc. v. Brunswick Corp., 288 F.3d 1359, 1366, 62
USPQ2d 1658, 1662 (Fed. Cir. 2002)).
Here, independent claim 1 recites in pertinent part the following limitations: "real-
time wireless bandwidth allocations and system resource allocations are determined
based on contents of packets to be communicated over said wireless communication
medium. . . ." (Emphasis added.) Independent claim 13 includes similar limitations.
The appellant proffers "Webster's II New College Dictionary (1995)" to define the
term "contents." (Reply Br. at 3.) For its part, the Dictionary lists the following
definitions of the term:
• "[s]omething contained in a receptacle"
• "[s]ubject matter of a written work"
• "[t]he meaning or significance of a literary or artistic work"
• "[t]he proportion of a specified substance."
P. 343. "Because words often have multiple dictionary definitions, some having no
relation to the claimed invention, the intrinsic record must always be consulted to
identify which of the different possible dictionary meanings of the claim terms in issue is
most consistent with the use of the words by the inventor." Texas Digital Sys., 308 F.3d
at 1203, 64 USPQ2d at 1819 (citing Dow Chem. Co. v. Sumitomo Chem. Co., 257 F.3d
1364, 1372-73, 59 USPQ2d 1609, 1614 (Fed. Cir. 2001); Multiform Desiccants, Inc. v.
Medzam, Ltd., 133 F.3d 1473, 1478, 45 USPQ2d 1429, 1433 (Fed. Cir. 1998)).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007