Friday, September 25, 2009 2:37:24 PM
Net, I haven't had time to go through this summary in detail and compare it to the ID, but I would say it is pretty accurate in general.
One point I think they missed was regarding the '579 patent and the "apparatus" term. They wrote:
First, ALJ Luckern construed the term “apparatus” pursuant to its dictionary definition.
That is true, but the ALJ went beyond the dictionary definition because he felt that the dictionary definition didn't give enough meaning to the term and it needed further definition based on the claim language itself. As I wrote, the ALJ took the "code used for scrambling" phrase from the claim and applied that back up to the apparatus term and concluded that this phrase implied to the reader that the apparatus meant "base station". From the ID on page 173/174:
Thus the Administrative Law Judge finds that said person would construe "apparatus" pursuant to its dictionary definition and look to the language of the claims following "comprising" to construe what said "apparatus" relates to.
That important point really doesn't come through in this summary.
One point I think they missed was regarding the '579 patent and the "apparatus" term. They wrote:
First, ALJ Luckern construed the term “apparatus” pursuant to its dictionary definition.
That is true, but the ALJ went beyond the dictionary definition because he felt that the dictionary definition didn't give enough meaning to the term and it needed further definition based on the claim language itself. As I wrote, the ALJ took the "code used for scrambling" phrase from the claim and applied that back up to the apparatus term and concluded that this phrase implied to the reader that the apparatus meant "base station". From the ID on page 173/174:
Thus the Administrative Law Judge finds that said person would construe "apparatus" pursuant to its dictionary definition and look to the language of the claims following "comprising" to construe what said "apparatus" relates to.
That important point really doesn't come through in this summary.
i_q
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