Ex Parte MARTIN et al - Page 5




                Appeal No. 2005-0004                                                                                                           
                Application No. 09/135,230                                                                                                     

                         In contrast, Gauvin et al. describes a distributed computer environment in                                            
                         which a mobile client 110 is able to connect to a gateway or router 120 through a                                     
                         network 130.                                                                                                          

                         Appellants assert, on page 7 of the brief, “[h]ence, although a connection                                            
                between a client and server can be achieved in Gauvin et al. from different access                                             
                locations, such a connection is NOT provided in accordance with connection information                                         
                associated with a particular network address of a server machine to be accessed.”                                              
                         In response, the examiner states on page 4 of the answer:                                                             
                         Gauvin teaches a communication manager 200 on the client for managing                                                 
                         network communication using various protocols- IPX/SPX, Net BEUI, TCP/IP etc.                                         
                         (See col. 4, lines 5-8). It is well known that these protocols require a destination                                  
                         address of the server in order to make a connection with it.  Gauvin further                                          
                         teaches providing a database 300 containing information necessary to initiate                                         
                         and maintain a communication connection to a server (See Col. 4 lines 9-12).                                          
                         We concur with the examiner; however, before we consider the teachings of                                             
                Gauvin we must first determine the scope of the claim limitations. Claims will be given                                        
                their broadest reasonable interpretation consistent with the specification, limitations                                        
                appearing in the specification will not be read into the claims.  In re Etter 756 F.2d 852,                                    
                858, 225 USPQ 1, 5 (Fed. Cir. 1985).  In analyzing the scope of the claim, office                                              
                personnel must rely on the appellant’s disclosure to properly determine the given their                                        
                broadest reasonable interpretation consistent with the specification, meaning of the                                           
                terms used in the claims.  Markman v. Westview Instruments, Inc., 52 F3d 967, 980,                                             
                34 USPQ2d 1321, 1330 (Fed. Cir. 1995). “[I]nterpreting what is meant by a word in a                                            
                claim ‘is not to be confused with adding an extraneous limitation appearing in the                                             
                specification, which is improper.’” (emphasis original) In re Cruciferous Sprout                                               

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