Saturday, April 27, 2013

Gleave cited in Ex parte Wattendorf

from Ex parte Wattendorf

Appellants have not explained why the term “a different contextual basis” is
different from altering the format and display for different users. References
do not have to satisfy an ipsissimis verbis test to disclose a claimed element.
See In re Gleave, 560 F.3d 1331, 1334 (Fed. Cir. 2009). Giving the claims
the broadest reasonable interpretation as we must, and absent any
explanation, or evidence from Appellants’ Specification to the contrary, we
agree with the Examiner that providing a certain display or format of
instructional material for a teacher, for example, and a different display or
format of the same instructional material for a student provides the
instructional material in one context for the teacher, and in another context
for the student.


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