Ex Parte Spotnitz et al - Page 6


              Appeal 2006-3087                                                                      
              Application 09/821,553                                                                

              customer inputted requirement, from a list of requirements, into the CSD              
              design.  The list of requirements includes “rate capacity.”  Claim 1                  
              additionally recites an interface which passes the requirements from the              
              customer to the model, where the interface hides the model.  Further, claim 1         
              recites that the function of the model is to generate a design.                       
                    The term “rate capability” as used in the claim is not defined in               
              Appellants’ specification.  We hold that one skilled in the art would consider        
              this to be data relating to the batteries’ capability to provide current over a       
              given time period at a given rate, e.g., a discharge rate or the amp/hour rating      
              of the battery.                                                                       
                    We consider the scope of the term “customer,” in the context of the             
              claim, as an entity that inputs the requirements for the CSD device which the         
              model uses to generate the CSD design.  While we consider the scope of the            
              term customer to include a person, we decline to limit the meaning of the             
              term to be a person only, as to do so would be inconsistent with Appellants’          
              specification.  Page 2 of Appellants’ specification discusses a customer as           
              being a corporation.                                                                  
                    Further, we note that claim 1 recites no limitation as to who the               
              models are hidden from or how they are hidden.  Thus, we consider the                 
              scope of the claim to be broad, and includes hiding the model by not                  
              displaying the model.                                                                 
                    As discussed supra, we find that Notten teaches a system which                  
              makes use of models to simulate operation of a battery, and can be used in            
              the design of a battery.  While Notten does not refer to the user of the system       
              as a customer, we nonetheless find that Notten teaches an entity that inputs          

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