from Rule 633(a) and stated that:
[T]he PTO had good reason to promulgate a new rule in light of the new practice in
which patentability of claims can be considered during the motion period of an
interference. See 37 C.F.R. 1.633(a) (effective date February 11, 1985). Earlier case law
did not deal with such a situation. Moreover, Spina did not involve a Rule 633(a)
motion. Thus, the PTO was writing on a clean slate, not flouting judicial precedent.
Rowe, 112 F.3d at 479 n.2, 42 USPQ2d at 1554 n.2. See also, Cultor Corp. v. A.E. Staley
Manufacturing Co., 224 F.3d 1328, 1332, 56 USPQ2d 1208, 1211 (Fed. Cir. 2000) (copied
claims construed in light of specification of which they are apart). Thus, we decline to interpret
Baldwin claims 20-40 and 44-49 in light of Frohlich’s specification. Baldwin claims 20-40 and
40-49, to the extent necessary, are to be construed in light of Baldwin’s specification.
Nevertheless, we address Frohlich’s argument based on the merits. Frohlich argues that
the limitation “a layer of phase change material,” when interpreted in light of Frohlich’s
specification means a solid, discrete layer of phase change material. Frohlich argues that
Baldwin’s description of a phase change material that is in liquid form contained within an
envelope is not a solid, discrete layer (motion at 8-9). Frohlich arrives at the proposed definition
by impermissibly adding limitations to the claim language. Note, that such incorporation of
limitations from the specification into the claims is not allowed. In re Van Geuns, 988 F.2d
1181, 1186, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993) (limitations are not to be read into the
claims from the specification). Claims are to be given their broadest reasonable interpretation.
In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983) (It is axiomatic that, in
proceedings before the PTO, claims in an application are to be given their broadest reasonable
interpretation consistent with the specification, and that the claim language should be read in
light of the specification as it would be interpreted by one of ordinary skill in the art). Frohlich
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