Appeal No. 2003-2072
Application No. 09/735,439
out that Hamano's low-pass filter has a common-base transistor.
The Examiner proposes to modify Miyata's Figure 1 by providing
Hamano's low-pass filter to be connected to each output of
Miyata's first routing switch. The Examiner points out that in
this way the combination would provide first and second port
termination switches connected to the first and second outputs
respectively, of said first routing switch, each termination
switch comprising a common-base transistor as recited in
Appellant's claim 1.
The question before us is whether Hamano's first and second
low-pass filters used in the Examiner's proposed combination
would read on Appellant's claimed first and second port
termination switches. As pointed out by our reviewing court, we
must first determine the scope of the claim. "[T]he name of the
game is the claim." In re Hiniker Co., 150 F.3d 1362, 1369,
47 USPQ2d 1523, 1529 (Fed. Cir. 1998). "In examining a patent
claim, the PTO must apply the broadest reasonable meaning to the
claim language, taking into account any definitions presented in
the specification." In re Bass, 314 F.3d 575, 577, 65 USPQ2d
1156, 1158 (Fed. Cir. 2002) citing In re Yamamoto, 740 F.2d 1569,
1571, 222 USPQ 934, 936 (Fed. Cir. 1984). Words in a claim are
to be given their ordinary and accustomed meanings unless the
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