Appeal 2007-1751
Application 09/769,511
1 elements of a communication network, such as the telephone network,
2 via a public packet switched data network, such as the Internet (Chang,
3 col. 1, ll. 6-11).
4 Haralambopoulos
5 15. Haralambopoulos is directed towards specifying value added
6 telephone charges (Haralambopoulos, col. 1, ll. 7-15).
7 16. Haralambopoulos allows the caller to alter the billing by a user action
8 (Haralambopoulos, col. 5, ll. 1-19).
9
10 PRINCIPLES OF LAW
11 Claim Construction
12 During examination of a patent application, pending claims are given
13 their broadest reasonable construction consistent with the specification. In
14 re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969);
15 In re Am. Acad. of Sci. Tech Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827,
16 1834 (Fed. Cir. 2004).
17 Although a patent applicant is entitled to be his or her own lexicographer of
18 patent claim terms, in ex parte prosecution it must be within limits. In re Corr,
19 347 F.2d 578, 580, 146 USPQ 69, 70 (CCPA 1965). The applicant must do so by
20 placing such definitions in the Specification with sufficient clarity to provide a
21 person of ordinary skill in the art with clear and precise notice of the meaning that
22 is to be construed. See In re Paulsen, 30 F.3d 1475, 1480, 31 USPQ 2d 1671, 1674
23 (Fed. Cir. 1994) (although an inventor is free to define the specific terms used to
24 describe the invention, this must be done with reasonable clarity, deliberateness,
7
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