Ex Parte McCann et al - Page 9





            of a patent application (see, for example, In re Zletz, 893 F.2d 319, 321, 13 USPQ2d             
            1320, 1322 (Fed. Cir. 1989)), it is also well settled that terms in a claim should be            
            construed as those skilled in the art would construe them (see Specialty Composites v.           
            Cabot Corp., 845 F.2d 981, 986, 6 USPQ2d 1601, 1604 (Fed. Cir. 1988) and In re                   
            Johnson, 558 F.2d 1008, 1016, 194 USPQ 187, 194 (CCPA 1977).  Further, as pointed                
            out by our reviewing court in Phillipps v. AWH Corp., 415 F.3d 1303, 1315, 75 USPQ2d             
            1321, 1327 (Fed. Cir. 2005), the claims, of course, do not stand alone but, rather, are          
            part of a fully integrated written instrument consisting principally of a specification that     
            concludes with the claims.  For that reason, claims must be read in view of the                  
            specification, of which they are a part.  "[T]he specification is always highly relevant to      
            the claim construction analysis.  Usually, it is dispositive; it is the single best guide to the 
            meaning of a disputed term."  Id.                                                                
                   First, one of ordinary skill in the art would not consider a subsequent application       
            of the parking brake to be an adjustment to the park brake load level subsequent to said         
            initial park brake load level being applied.  Moreover, as explained in the paragraph            
            bridging pages 18 and 19 of the appellants’ specification, with the appellants’ parking          
            brake control system, the parking brake force can be adjusted, during the parked phase,          
            in response to changes in static vehicle characteristics.  In light of that disclosure, one      
            of ordinary skill in the art would have interpreted the recitation of adjusting the park latch   
            mechanism to an adjusted park brake load level subsequent to said initial park brake             
            load level being applied in claims 12, 13, 22-24, 28 and 29 to refer to a single parking         









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