Appeal No. 2005-2197 Page 3 Application No. 10/751,432 Answer (mailed April 14, 2005) for the Examiner's reasoning in support of the rejections, and to the Brief (filed April 1, 2005) and the Reply Brief (filed June 9, 2005) for the Appellants’ arguments there against. OPINION We start with the claim language. Gechter v. Davidson, 116 F.3d 1454, 1457, 1460 n.3, 43 USPQ2d 1030, 1032, 1035 n.3 (Fed. Cir. 1997); In re Paulsen, 30 F.3d 1475, 1479, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994). In proceedings before the U.S. Patent and Trademark Office (PTO), claims must be interpreted by giving words their broadest reasonable meanings in their ordinary usage, taking into account the written description found in the specification. In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997)("[T]he PTO applies to the verbiage of the proposed claims 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 applicant's specification."); In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989)("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow."). Here, the preamble of appealed claim 23 recites: “A hauler vehicle for mining operation comprising...” It is by now axiomatic that the term "comprising" in a claim not only alerts potential infringers that the recited components are essential, but thatPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007