from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. 90/012, 210.
Koch, Schmidt LLC, New York, NY, argued for appellant. Also
represented by Thorsten Schmidt.
Jeremiah Helm, Office of the Solicitor, United States Patent
and Trademark Office, Alexandria, VA, argued for appellee
Michelle K. Lee. Also represented by THOMAS W. Krause, Amy J.
NEWMAN, MOORE, and Stoll, Circuit Judges.
International, Inc. appeals the decision of the Patent Trial
and Appeal Board upholding an examiner's rejection of all
claims of CSB's U.S. Patent No. 5, 631, 953 as
unpatentable over the prior art during an ex parte
reexamination. CSB argues that the Board construed claims
applying an incorrect legal standard and that, regardless of
the standard, the Board misconstrued claim terms which led to
rejection of all claims of the '953 patent. We agree with
CSB that the Board should have applied the Phillips
standard of claim construction rather than the broadest
reasonable interpretation standard used by the examiner
because the '953 patent expired during the reexamination.
We conclude, however, that the Board's claim construction
was correct even under the Phillips standard, and we
affirm its rejection of all claims of the '953 patent as
unpatentable over the prior art.
the assignee of the '953 patent, issued May 20, 1997, and
directed to a circuit arrangement for integrating an
electronic data processing ("EDP") system with
telephone systems connected to an integrated services digital
network ("ISDN") telephone network. Figure 1
illustrates the arrangement the patent discloses.
arrangement, telephone line "a" (shown using a
dotted line) connects individual telephone units 2, 11, 13
directly with an intelligent telephone installation 3, which
interfaces with the ISDN network 1. A local area network
("LAN") 9, with a LAN server 10, aggregates
personal computers 4, 12, 14, which each connect to the
intelligent telephone installation 3 through an integration
component 5. The integration component is a computing system
6 running software 7 and including an ISDN connector 8.
'953 patent contemplates providing data from incoming
telephone calls over the LAN to personal computers. For
example, when an incoming call is received from the ISDN
network 1, the intelligent telephone installation 3 will
route the telephone call to one of the telephones 2, 11, 13
and will send call information to the integration component
5. A personal computer, upon having a call routed to its
associated telephone by the intelligent telephone
installation 3, will retrieve call information from the
integration component via the LAN 9.
claim 1 of the '953 patent is representative and recites:
1. A circuit arrangement for integration of EDP systems in
utilization of telephone systems connected to a public ISDN
or Euro ISDN telephone network, the circuit arrangement
a plurality of telephone extensions which are directly
connectable to a telephone network selected from the group
consisting of a public ISDN telephone network and Euro ISDN
telephone network; a first line;
an intelligent telephone system arranged so that said
telephone extensions are connectable with said at least one
telephone network through said first line and ...