Appeal No. 2005-2282 Page 6 Application No. 09/505,807 In addressing the point of contention, the Board conducts a two-step analysis. First, we construe the representative claim to determine its scope. Second, we determine whether the construed claim is anticipated. 1. Claim Construction "Analysis begins with a key legal question — what is the invention claimed?" Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed. Cir. 1987). In answering the question, "the Board must give claims their broadest reasonable construction. . . ." In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1668 (Fed. Cir. 2000). Here, claim 16 recites in pertinent part the following limitations: "controlling the data source and the plurality of consumers to control the amount of data stored in and consumed from the first queue." Giving the representative claim its broadest, reasonable construction, the limitations require controlling a source and consumers to, in turn, control the amount of data stored in and consumed from a queue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007