Ex Parte Baron - Page 6




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


                   "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 Appellant's independent claim 1 recites "an                                                                                     
                   electronic control system housed in association with said                                                                                              
                   display, said electronic control system including a switch                                                                                             
                   platform mounted to detect a touching about a periphery of said                                                                                        
                   display."  We note that the only other independent claim, claim                                                                                        
                   13, recites "a switch platform configured to provide signals to                                                                                        
                   said controller for selecting said parameter values, said switch                                                                                       
                   platform mounted to detect a touching about a periphery of said                                                                                        
                   display."  The question before us is whether this language                                                                                             
                   requires that the touching is detected on the display.  To answer                                                                                      
                   this question, we must determine the scope of Appellant's                                                                                              
                   language "periphery of said display."                                                                                                                  
                             Our dictionary provides two pertinent definitions.  The                                                                                      
                   first definition of periphery is (1) a boundary line, esp. that                                                                                        
                   of a rounded figure; perimeter.  Our dictionary provides another                                                                                       
                   definition for periphery which is (2) surrounding space or area;                                                                                       




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