...Thus, the Commission's imposition of an exclusive bandwidth-increasing requirement into the recited "code" risked reading several disclosed codes and embodiments out of the claims:
The administrative law judge's construction of the term "spreading code" as applying only to a code that is used or intended to be used to increase the bandwidth of another signal creates a problem with the patents in suit. Because the short codes and access codes described in the common specification do not spread data, adoption of the administrative law judge's definition of spreading codes, together with his construction of the term "code" as limited to spreading codes, would mean that neither of the preferred embodiments described in the common specification would fall within the scope of the claims. As this court has frequently observed, that is a result that "is rarely, if ever, correct."...
Given that the recited "code" could not be limited to just bandwidth-increasing spreading codes, and because Nokia's CDMA handsets used scrambling codes that fell within the proper construction of "code," the majority reversed the Commission's claim construction and finding of non-infringement predicated on the same.
"The world is a dangerous place to live�not because of the people who are evil, but because of the people who don't do anything about it." �Albert Einstein
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