expertise and the record it makes and considers.38
III. The Cybor Decision
Unable to ignore the persistent and vigorous dissension within its own ranks, the Federal Circuit sought the "right case" to settle and resolve the issue. That case was Cybor Corporation v. Fas Technologies, Inc., which "present[ed] the issue of the proper role of [the Federal Circuit] in reviewing the district court's claim construction."39 At issue in Cybor was the interpretation of means-plus-function claims, and in particular, the district court's decision not to limit the scope of the claims based on statements made to the examiner during prosecution.40
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