REVERSED
3600 Transportation, Construction, Electronic Commerce, Agriculture, National Security, and License & Review
Ex Parte Belinda et al SILVERBERG 102(b)/103(a) ALIX YALE & RISTAS LLP
3700 Mechanical Engineering, Manufacturing, and Products & Designs
Ex Parte Vierk GREEN 103(a) FRANK D. LACHENMAIER
Claim language, however, “should not [be] treated as meaningless.” Bicon, Inc. v. Straumann Co., 441 F.3d 945, 951 (Fed. Cir. 2006). Moreover, “the claims themselves provide substantial guidance as to the meaning of particular claim terms.” Philips v. AWH Corp., 415 F.3d [1310]1303, 1314 (Fed. Cir. 2005) (en banc). In addition, “[t]he ordinary and customary meaning of a claim term may be determined by reviewing a variety of sources. Some of these sources include the claims themselves; dictionaries and treatises; and the written description, the drawings, and the prosecution history.” Brookhill-Wilk 1, LLC v. Intuitive Surgical, Inc., 334 F.3d 1294, 1298 (Fed. Cir. 2003) (citations omitted).
Ex Parte Cygnor SILVERBERG 103(a) CARLSON, GASKEY & OLDS, P.C.
AFFIRMED-IN-PART
3600 Transportation, Construction, Electronic Commerce, Agriculture, National Security, and License & Review
Ex Parte Schuller et al LEE 103(a) DORITY & MANNING, P.A.
Ex Parte Moore BAHR 102(b)/103(a) SCHUBERT OSTERRIEDER & NICKELSON PLLC
An anticipation rejection cannot be predicated on an ambiguous reference. Rather, disclosures in a reference relied on to prove anticipation must be so clear and explicit that those skilled in the art will have no difficulty in ascertaining their meaning. In re Turlay, 304 F.2d 893, 899 (CCPA 1962).
3700 Mechanical Engineering, Manufacturing, and Products & Designs
Ex Parte Lanvin et al SILVERBERG 102(b)/103(a) DAVIDSON, DAVIDSON & KAPPEL, LLC
“A reference may be said to teach away when a person of ordinary skill, upon reading the reference, … would be led in a direction divergent from the path that was taken by the applicant.” In re Haruna, 249 F.3d 1327, 1335 (Fed. Cir. 2001).
Ex Parte Nomula GREEN 103(a) ALSTON & BIRD LLP
