Appeal No. 2004-0199
Application No. 09/385,489
definition of the term different from its ordinary meaning."
Texas Digital Sys., 308 F.3d at 1204, 64 USPQ2d at 1819.
"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." Id.
We note that Appellants' claim 33 recites
capturing the terms of the trade promotion at least
including promoted product identification and payment
term information in an independent system which
operates independently from the retailer and the
manufacturer;
storing the captured terms of the trade promotions in
an electronic database of the independent system.
Upon our review of Appellants' specification, we fail to
find any specific definition to the term "payment term
information." We do note that on page 12 of Appellants'
specification, the specification states "payment information
includes all information relating to the amount of money owed by
the manufacturer to the retailer for the promotion and the
related payment information." However, we fail to find a
definition for "payment term information" as recited in
Appellants' claims. Clearly, Appellants have chosen to use
different language in the claim.
1010
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