Appeal No. 2005-2584
Application No. 09/897,331
Maeda et al. discloses the phase of the second variations being coupled
to the phase of the first variations in that a predetermined number of wobbles
correspond to a predetermined number of channel bits represented by the first
variations. Specifically, Maeda discloses the phase wobble track 270 in the
borders 14, 15 “being coupled” to the phase of the first variations in that, a
predetermined number of wobbles (second variations) correspond to a
predetermined number of channel bits represented by the first variations
(information marks 274), the predetermined number of wobbles represent
address information, which is read simultaneously with the information
represented by marks 274 (See for example col. 7, line 22 to col. 8, line 35; Figs.
3,27). Furthermore, as shown in Fig. 27 a predetermined number of marks 274
are being coupled to a predetermined number of wobbles, which represent the
address.
We disagree with the examiner’s findings. Initially note that the examiner’s
reasoning is not entirely clear as to whether the examiner is interpreting the term
“coupled” using the dictionary definitions or as discussed on page 6 of the specification.
Nonetheless, we do not consider the dictionary definition provided by the examiner to
be proper in determining the scope of claim 4. In analyzing the scope of the claim,
office personnel must rely on appellants’ disclosure to properly determine the 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
Litigation, 301 F.3d 1343, 1348, 64 USPQ2d 1202, 1205, (Fed. Cir. 2002) (citing
Intervet America Inc v. Kee-Vet Laboratories Inc., 12 USPQ2d 1474, 1476 (Fed. Cir.
1989). Initially, we note that appellants’ specification does not define the term
“coupled.” Rather, on page 6, appellants’ specification identifies that coupling the
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