The broadest dictionary definition of a claim term does not necessarily satisfy the broadest reasonable interpretation standard. Here, for example, the PTO’s asserted definition of a continuity member positioned to “reside around” a coaxial cable as requiring nothing more than being “in the immediate vicinity of; near” was found to be unreasonably broad for failing to recognize the context of this phrase in terms of the coaxial cable at issue. “[S]imply selecting the broadest [dictionary] definition … may result in the broadest definition, [but] it does not necessarily result in the broadest reasonable definition in light of the specification.” This would be a good case to consult and cite in response to an overly broad interpretation asserted by the PTO under the guise of the broadest reasonable interpretation standard.
Background / Facts: The patent on appeal here from IPR proceedings at the PTO is directed to coaxial cables having a continuity member that contacts different components so that electrical grounding continuity is extended. To this end, the claims recite that the continuity member is positioned to “reside around” an external portion of the coaxial cable.
Issue(s): Whether the PTO’s asserted broadest reasonable interpretation of the claimed “reside around” as simply requiring an element to be “in the immediate vicinity of; near” is unreasonably broad in light of the patent’s claims and specification.
Holding(s): Yes. “The Board seems to have arrived at its construction by referencing the dictionaries cited by the parties and simply selecting the broadest definition therein. … While such an approach may result in the broadest definition, it does not necessarily result in the broadest reasonable definition in light of the specification. The Board’s approach in this case fails to account for how the claims themselves and the specification inform the ordinarily skilled artisan as to precisely which ordinary definition the patentee was using. … The fact that ‘around’ has multiple dictionary meanings does not mean that all of these meanings are reasonable interpretations in light of this specification. … Given the context of this technology, it seems odd to construe the term ‘reside around’ without recognizing the context of its use in terms of the coaxial cable at issue.”