Ex Parte Ziech et al - Page 6



             Appeal 2007-2817                                                                                    
             Application 11/049,176                                                                              
             matter as a whole would have been obvious at the time the invention was made to a                   
             person having ordinary skill in the art to which said subject matter pertains.’”  KSR               
             Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1734 (2007).  The question of                           
             obviousness is resolved on the basis of underlying factual determinations including                 
             (1) the scope and content of the prior art, (2) any differences between the claimed                 
             subject matter and the prior art, and (3) the level of skill in the art.  Graham v. John            
             Deere Co., 383 U.S. 1, 17-18 (1966).  See also KSR, 127 S.Ct. at 1734 (“While the                   
             sequence of these questions might be reordered in any particular case, the                          
             [Graham] factors continue to define the inquiry that controls.”)  The Court in                      
             Graham further noted that evidence of secondary considerations “might be utilized                   
             to give light to the circumstances surrounding the origin of the subject matter                     
             sought to be patented.”  Graham, 383 U.S. at 17-18.                                                 

                                                  ANALYSIS                                                       
                   Appellants contend that “Appellants have ascribed a definite meaning to                       
             ‘integral’ within the specification and the Appellants’ ‘lexicography governs’”                     
             (Appeal Br. 6).  More specifically, Appellants contend that “[t]he term ‘integral’ as               
             used in the claims has a defined meaning that is limited to a one-piece or unitary                  
             member” (Id.).  We agree.                                                                           
                   In interpreting claim language, we apply the 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 whatever enlightenment by way of definitions                  
             or otherwise that may be afforded by the written description.  See In re Morris, 127                

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