Ex Parte Charlton - Page 5



          Appeal No. 2005-0943                                                        
          Application No. 09/947,943                                                  

          inflatable balloon.  During patent examination, the USPTO applies           
          to claim verbiage the broadest reasonable meaning of the words in           
          their ordinary usage as they would be understood by one of                  
          ordinary skill in the art, taking into account whatever                     
          enlightenment by way of definitions or otherwise that may be                
          afforded by the written description contained in the                        
          specification.  In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d                
          1023, 1027 (Fed. Cir. 1997).  It is also well settled that the              
          ordinary meaning of claim terms may be established by dictionary            
          definitions.  CCS Fitness Inc. v. Brunswick Corp., 288 F.3d 1359,           
          1366, 62 USPQ2d 1658, 1662 (Fed. Cir. 2002).  As might be                   
          expected, the word “single” can have a number of different                  
          meanings depending on the manner in which it is used.  In the               
          context of the appellant’s specification and claims, the word               
          “single” clearly characterizes the number of balloons embodied by           
          the appellant’s catheter.  Hence, customary definitions of                  
          “single” such as “consisting of one as opposed to or in contrast            
          with many” or “consisting of only one in number”2 are reasonable            
          in construing the scope of claim 1, while the more obscure                  


               2 Both of these definitions are from Webster’s New Collegiate          
          Dictionary (G. & C. Merriam Co. 1977).                                      
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