Appeal No. 2002-2148 Page 8
Application No. 09/627,143
appellants state that the invention is based on the provision of a band of material
through the entire cross section of the band is under a compressive stress greater than
that of the body. In support thereof, the appellants cite to (1) page 2, lines 10-13, which
provides that the band is under a compressive stress greater than the body; and
(2) page 3, lines 20-26, which provides that the "band is under a compressive stress
substantially through the entire band, rather than just in a surface layer or region, in an
amount greater than that of the body."
The United States Patent and Trademark Office (USPTO) applies to the
verbiage of the claims before it the broadest reasonable meaning of the words in their
ordinary usage as they would be understood by one of ordinary skill in the art, taking
into account whatever enlightenment by way of definitions or otherwise that may be
afforded by the written description contained in the appellants' specification. In re
Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997). See also In re
Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983). Moreover,
limitations are not to be read into the claims from the specification. In re Van Geuns,
988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993) citing In re Zletz, 893
F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).
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