Ex Parte Sidhwa - Page 6

                Appeal 2006-1512                                                                                  
                Application 10/131,455                                                                            

                whether or not they infringe.).  A person of ordinary skill in the art designing                  
                a clamp ring for the deposition of metal films would not appreciate when the                      
                claimed invention has been infringed.  This is because the Specification                          
                describes that the “second distance” is not the same for all types of layers.1                    
                (See the discussion of aluminum layers versus aluminum-copper layers)                             
                B.  Anticipation under 35 U.S.C. § 102(b)                                                         
                       Implicit in our review of the Examiner’s anticipation analysis is that                     
                the claim must first have been correctly construed to define the scope and                        
                meaning of each contested limitation.  See Gechter v. Davidson, 116 F.3d                          
                1454, 1457, 43 USPQ2d 1030, 1032 (Fed. Cir. 1997).  During prosecution                            
                before the Examiner, the claim language should be given its 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 any                           
                definitions or enlightenment contained in the written description of                              
                Appellant’s Specification.  See In re Morris, 127 F.3d 1048, 1054,                                
                44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  “[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.’”  See Phillips v.                 
                AWH Corp., 415 F.3d 1303, 1315, 75 USPQ2d 1321, 1327 (Fed. Cir. 2005)                             
                (en banc).                                                                                        
                       Applying the preceding legal principles we determine that the claims                       
                on appeal are directed to a clamp ring for securing a substrate comprising a                      
                body, one or more substrate contacting surfaces projecting from the body,                         
                                                                                                                 
                1 It is noted that the Specification describes the invention as solving a need                    
                in the art for aluminum-copper alloy deposition (page 4).  However the                            
                claims are not so limited.                                                                        
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