Appeal 2007-3462
Application 11/172,223
1 section and the antenna section when a predetermined temperature is
2 reached. Applicants argue that there is no disclosure in Black of a
3 temperature sensitive electrical section which is adapted to interrupt signal
4 transmission between a chip section and an antenna section when a
5 predetermined temperature is reached. The Examiner finds that the Black
6 EEPROM is capable of being programmed to interrupt the signal
7 transmission between the chip and the antenna section (FF 8).
8 We agree that the portion of Black that the Examiner directs our
9 attention to does not describe the limitation. An EEPROM that is capable of
10 being programmed to interrupt does not mean that the temperature sensitive
11 electrical section is adapted to interrupt. The Examiner is apparently
12 interpreting the limitation that the electrical section is adapted to interrupt to
13 mean anything that can be programmed to interrupt a signal. In essence, the
14 Examiner proposes then to give no meaning to the term “wherein the
15 temperature sensitive electrical section is adapted to interrupt signal
16 transmission between the chip section and the antenna section when the
17 predetermined temperature is reached.”
18 In construing a claim and where at all possible, we make every
19 attempt to give a meaning to every word in the claim—a meaning which
20 would be given by one having ordinary skill in the art based upon the
21 underlying specification. See Merck & Co., Inc. v. Teva Pharmaceuticals
22 USA, 395 F.3d 1364, 1372, 73 USPQ2d 1641, 1648 (Fed. Cir. 2005) (a
23 claim construction that gives meaning to all the terms of the claim is
15
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: September 9, 2013