Ex Parte Rossi - Page 7




              Appeal No. 2005-1033                                                                 Page 7                
              Application No. 10/236,460                                                                                 



                     enters an appropriate order (step 160). It then continues the checking process (                    
                     steps 170 and 172). As the device is shut down each day, or the user otherwise                      
                     logs off, and power is turned off, the program ends (steps 174 and 176). If                         
                     instead, the device remains on continuously, 24 hours a day, at the conclusion of                   
                     each day (step 174), as it resets its internal time clock, it resets the program to                 
                     the beginning (steps 140 and 142).                                                                  


                     The appellant argues (brief, pp. 4-7; reply brief, pp. 2-4) that when the term                      
              "budget" is given its correct meaning, Slotznick does not disclose that its automation                     
              component includes a budget for payment of the order.                                                      


                     The United States Patent and Trademark Office (USPTO) applies to the verbiage                       
              of the claims before it 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 appellant's specification.  In re Morris, 127                  
              F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See also In re Sneed, 710                         
              F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).                                                       


                     The appellant provides (brief, p. 4) the following definition of the term "budget"                  
              from Webster's 3rd New International Dictionary: ''A plan for the coordination of                          









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