Appeal 2007-1286
Application 09/849,088
with the issue of whether Sumner discloses receiving and transmitting “user
identified storable information.”
FINDINGS OF FACT
Sumner teaches a wireless telephone messaging system. (Abstract). The
system tests the communication signal to the wireless device, telephone. (See
steps 401-406 of Figure 4 and col. 2, ll. 21-25). Based upon the results of the
signal test, the system may prompt a caller to leave a voice mail for the user of the
wireless device. (Col. 7, ll. 5-7, 60-64). The caller may leave a message. (See
step 407 of Figure 4 and col. 7, l. 67). Implicit in prompting a user that they may
leave a voice message is that the user decides to leave the voice message and not
just hang up to call again later. A message if received from the caller is then
transmitted to the wireless device. (See step 508 Figure 5 and col. 8, ll. 41-44).
PRINCIPLES OF LAW
Office personnel must rely on Appellant’s disclosure to properly determine
the meaning of the terms used in the claims. Markman v. Westview Instruments,
Inc., 52 F.3d 967, 980, 34 USPQ2d 1321, 1330 (Fed. Cir. 1995). “[I]nterpreting
what is meant by a word in a claim ‘is not to be confused with adding an
extraneous limitation appearing in the specification, which is improper.’” In re
Cruciferous Sprout Litigation, 301 F.3d 1343, 1348, 64 USPQ2d 1202, 1205 (Fed.
Cir. 2002) (emphasis in original) (citing Intervet Am., Inc. v. Kee-Vet Labs., Inc.,
887 F.2d 1050, 1053, 12 USPQ2d 1474, 1476 (Fed. Cir. 1989)).
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