Appeal 2007-2127 Reexamination Control No. 90/006,621 states the meaning that the claim terms are intended to have, the claims are examined with that meaning, in order to achieve a complete exploration of the applicant's invention and its relation to the prior art." In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989). Claims in a reexamination proceeding are given their broadest reasonable interpretation consistent with the specification. See In re Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir. 1984). The claims are examined with the meanings asserted by Patent Owner during prosecution of the '603 patent and in the disclosure of the '604 patent. Patent Owner, having repeatedly stated that the terms "threads" and "multithreading" have their ordinary and customary meanings in the art, may not now contradict the record that he created. See Southwall Technologies, Inc. v. Cardinal IG Co., 54 F.3d 1570, 1578, 34 USPQ2d 1673, 1678 (Fed. Cir. 1995) ("A patentee may not proffer an interpretation for the purposes of litigation that would alter the indisputable public record consisting of the claims, the specification and the prosecution history, and treat the claims as a 'nose of wax .'"). 2. Background explanation of "multithreading" "Multithreading" is an advanced operating system feature and some background explanation will be helpful in understanding the issues on appeal. The references cited were all published before the filing date of the 1994 application (when "multithreading" first appeared in an application as filed) and many of the books were cited by Patent Owner during prosecution of the '603 patent (e.g., Findings 6, 7, and 13) 27Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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