Ex Parte Baron - Page 5




                    Appeal No. 2004-1517                                                                                                                                  
                    Application No. 09/765,172                                                                                                                            


                    art."  Texas Digital Sys., Inc. v. Telegenix Inc., 308 F.3d 1193,                                                                                     
                    1202, 64 USPQ2d 1812, 1817 (Fed. Cir. 2002), cert. denied,                                                                                            
                    538 U.S. 1058 (2003).                                                                                                                                 
                              "Moreover, the intrinsic record also must be examined in                                                                                    
                    every case to determine whether the presumption of ordinary and                                                                                       
                    customary meaning is rebutted."  (citation omitted).  "Indeed,                                                                                        
                    the intrinsic record may show that the specification uses the                                                                                         
                    words in a manner clearly inconsistent with the ordinary meaning                                                                                      
                    reflected, for example, in a dictionary definition.  In such a                                                                                        
                    case, the inconsistent dictionary definition must be rejected."                                                                                       
                    Tex. Digital Sys., 308 F.3d at 1204, 64 USPQ2d at 1819.  ("[A]                                                                                        
                    common meaning, such as one expressed in a relevant dictionary,                                                                                       
                    that flies in the face of the patent disclosure is undeserving of                                                                                     
                    fealty."); Id. (citing Liebscher v. Boothroyd, 258 F.2d 948, 951,                                                                                     
                    119 USPQ 133, 135 (CCPA 1958) ("Indiscriminate reliance on                                                                                            
                    definitions found in dictionaries can often produce absurd                                                                                            
                    results.")).  "In short, the presumption in favor of a dictionary                                                                                     
                    definition will be overcome where the patentee, acting as his or                                                                                      
                    her own lexicographer, has clearly set forth an explicit                                                                                              
                    definition of the term different from its ordinary meaning."                                                                                          
                    Tex. Digital Sys., 308 F.3d at 1204, 64 USPQ2d at 1819.                                                                                               


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