Ex Parte BOLL et al - Page 4




                    Appeal No. 2000-2053                                                                                                                                  
                    Application No. 08/764,353                                                                                                                            


                    Claims will be given their broadest reasonable interpretation                                                                                         
                    consistent with the specification, and limitations appearing in                                                                                       
                    the specification are not to be read into the claims.  In re                                                                                          
                    Etter, 756 F.2d 852, 858, 225 USPQ 1, 5 (Fed. Cir. 1985).                                                                                             
                              In the instant case, looking at Figures 1 and 2 of Cherry,                                                                                  
                    we find that the probe wires 74 are “held in place” in epoxy ring                                                                                     
                    72 which corresponds to probe wires 31 “held in place” in epoxy                                                                                       
                    13 having insulating surface 13a in Figures 4 and 5 of the                                                                                            
                    Appellants’ disclosure.  Therefore, even though an artisan might                                                                                      
                    look at element 50b and element 72 in Figure 1 of Cherry as an                                                                                        
                    epoxy material recited in the claim, the artisan must conclude                                                                                        
                    from the recitation “probe wires...held in place therein” in                                                                                          
                    claim 17 that the epoxy material defined by element 72 in Cherry                                                                                      
                    corresponds to there cited epoxy material in claim 17.  Keeping                                                                                       
                    this in mind, we also find that Cherry does not meet the recited                                                                                      
                    limitation, “additional connections are being made between said                                                                                       
                    conducting lines and said probe wires between said tip ends and                                                                                       
                    said epoxy material” (claim 17).  Consequently, we find that                                                                                          
                    Cherry does not meet the limitations of claim 17.  Since claim 1                                                                                      
                    and its dependent claims 2-4 contain further limitations than                                                                                         
                    claim 17, we also do not sustain the rejection of these claims                                                                                        
                    over Cherry.                                                                                                                                          

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