Ex Parte Takahashi - Page 6

            Appeal No.  2005-2755                                     6             
            Application No. 09/612,403                                              
            specification. In re Morris, 127 F.3d 1048, 1053-54, 44                 
            USPQ2d 1023, 1027(Fed. Cir. 1997).                                      
                 The Federal Circuit recently restated: “It is a                    
            ‘bedrock principle’ of patent law that ‘the claims of a                 
            patent define the invention to which the patentee is                    
            entitled the right to exclude.’” Phillips v. AWH Corp., 415             
            F.3d 1303, 1312 (Fed. Cir. 2005) (en banc) (quoting                     
            Innova/Pure Water, Inc. v. Safari Water Filtration Sys.,                
            Inc., 381 F.3d 1111, 1115 (Fed. Cir. 2004)). “The inquiry               
            into how a person of ordinary skill in the art understands              
            a claim term provides an objective baseline from which to               
            begin claim interpretation.”  Id.  “Importantly, the person             
            of ordinary skill in the art is deemed to read the claim                
            term not only in the context of the particular claim in                 
            which the disputed term appears, but in the context of the              
            entire patent, including the specification.”  Id.                       
                 In this instance, the disputed claim term “serviceable             
            element” is not found in appellant’s specification.  The                
            specification does discuss oil filters which appear to be               
            the main goal of the invention and does mention servicing               
            oil filters numerous times.  Appellant does not explicitly              
            define the term serviceable element in the brief but it                 
            appears that the appellant regards servicing the engine as              
            something different from adding fuel to a tank under the                




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