Ex Parte OUTSLAY et al - Page 10



          Appeal No. 2004-2043                                                        
          Application 09/312,919                                                      


          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), cert. denied, 538 U.S. 1058 (2003).                             
               Upon our review of Appellants’ specification, we fail to               
          find any definition of the term “general purpose” that is                   
          contradictory to the ordinary meaning.  Therefore, we find the              
          ordinary meaning of the term “general purpose” is best found in             
          the dictionary.  We note that the definition most suitable for              
          “general purpose” is capable of “performing any computational               
          task”, i.e. programmable.2  We also find that Appellants’                   
          statement that “general purpose” refers to “not dedicated . . .             
          exclusively” is not contradictory to “programmability.”                     
               We appreciate the Examiner’s position that “general purpose”           
          is only a multi-functional device and programmability is not                
          required.  However, we find that the claim language does require            
          the device to be programmable.  An example of a general-purpose             
          personal digital assistant device that is “programmable” can be             
          found in U.S. Patent 4,534,012 to Yokozawa.  At column 12, lines            
          41-51 of Yokozawa teach that his device (see figure 10) is both             

          2 Microsoft Press Computer Dictionary, 1991, page 160.  See the             
          definition of “general-purpose computer.”                                   
                                          10                                          



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007