Undefined limitations may be interpreted as broadly as their literal recitations permit. Here, for example, a frequency for “low radiation power absorption” was found to be broad enough to encompass any frequency that can be used in any manner to provide a lower dose of radiation than is typical because the specification failed to explicitly define what constitutes a “low radiation power absorption” (which brought in additional prior art). It may therefore be best to include further examples and dependent claims for undefined limitations that may lend themselves to broader than desirable interpretations.
Background / Facts: The patent on appeal here from rejection at the PTO during reexamination is directed to reducing the power absorbed by the body of a user of a wireless communication device. In essence, the patent describes a tethering arrangement in which a first unit near the user’s body operates on a first, lower power frequency than a last, relay unit located further away. The claims recite that “said first frequency is chosen from a range of [frequencies] which correspond[] to a low radiation power absorption for a specific tissue or part of human body.”
Issue(s): Whether a frequency for “low radiation power absorption” is broad enough to encompass any frequency that can be used to provide a lower dose of radiation than is typical, as taught by the prior art.
Holding(s): Yes. “As an initial matter, the specification of the [] patent fails to explicitly define what constitutes a ‘low radiation power absorption.’ As a result, the Board found, and we agree, that a first frequency can be chosen from a range of frequencies that correspond to a low radiation power absorption if the frequency is chosen from a range of frequencies that enable communication between the first and last units at some power level that is lower than some objective baseline power level. In other words, if the baseline power level is the level at which a cellular phone operates, a frequency may be deemed to correspond to ‘a low radiation power absorption’ if the selected frequency allows communication that produces a much smaller dose of radiation than that produced by a cellular phone.”