Appeal No. 2004-1309
Application No. 09/410,978
Inc v. Kee-Vet Laboratories Inc. 12 USPQ2d 1474, 1476 (Fed. Cir. 1989)).
“[T]he terms used in the claims bear a “heavy presumption” that they mean what
they say and have the ordinary meaning that would be attributed to those words
by persons skilled in the relevant art.” Texas Digital Sys, Inc. v. Telegenix,
Inc., 308 F.3d 1193, 1202, 64 USPQ2d 1812, 1817 (Fed. Cir. 2002).
Independent claim 1 contains the limitations, “communicating from the
mobile device with at least one server a selection,” “the at least one server, in
response to … the selection… causes at least an identification of the vendors …
to be transmitted to the mobile device” and “the mobile device provides to the
user an identification of the available selected at least one of the goods or the
services to be purchased and an itinerary of the user setting forth at least a
choice of an order in which the user physically visits the identified vendors at the
shopping location to obtain the at least one of the goods or the services to be
purchased which itinerary is a function of at least one profile of the user”.
Independent claim 30 contains similar limitations. We find that these limitations
require that the mobile device provide two things to the user, a) an indication of
the available goods or services based upon the servers response to the selection
and b) an itinerary for the user to physically visit the vendors. Further the
itinerary is a function of the user profile. The common meaning of the word
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