Appeal No. 98-0585
Application No. 08/638,526
wall sections 2a,2b located on both sides of the
disk 1, a brake pad 7, a cylinder 4,4 provided on
each of said side wall sections 2a,2b, piston 5
slidably mounted in each of said cylinders 4,4
including a first bore 13 having a diameter greater
than the diameter of the piston 5, and a flange
(note from figure 3 of Sakazume that portion of the
cylinder between element numerals 14 and 16 is
readable as being the flange) having a diameter
corresponding to but slightly greater than the
diameter of the piston for slidably supporting the
piston 5 in the cylinder 4. [Page 2.]
The appellant, however, argues that the purpose of
Sakazume's arrangement is to avoid any variation in the
relative positions between the cylinders and the pistons if a
disk is deformed by heat whereas in the claimed bore and
flange arrangement the piston is free to pivot about the
flange.
We are unpersuaded by the appellant's arguments. The
terminology in a pending application's claims is to be given
its broadest reasonable interpretation (In re Morris, 127 F.3d
1048, 1056, 44 USPQ2d 1023, 1028 (Fed. Cir. 1997) and In re
Zletz, 893 F.2d 319, 321, 13 USPQ2d, 1320, 1322 (Fed. Cir.
1989)) and limitations from a pending application's
specification will not be read into the claims (Sjolund v.
Musland, 847 F.2d 1573, 1581-82, 6 USPQ2d 2020, 2027 (Fed.
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