Ex Parte Belanger et al - Page 5




          Appeal No. 2004-0706                                                        
          Application No. 09/777,982                                                  


          quite different than the connectors disclosed by McClure,                   
          particularly when such claim limitations are interpreted in light           
          of the specification.  In this regard, the appellants point to              
          the description in the specification of exemplary devices (24,              
          60) comprising an electrical film element (e.g. a resistor 28 or            
          capacitor 64) disposed on a substrate or base (30, 70) having two           
          outer end caps (36, 72, 74) for mounting and electrically                   
          connecting the device to the surface of a conductive substrate              
          (16, 50).  To buttress their position, the appellants also rely             
          on selected portions of an electronics handbook and catalog                 
          appended to the brief as Items B and C.                                     
               It is well settled that during patent examination, claims              
          are given their broadest reasonable interpretation consistent               
          with the underlying specification without reading limitations               
          from the specification into the claims.  In re Prater, 415 F.2d             
          1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969).  Even under this           
          standard, which is somewhat less restrictive than that set forth            
          in the infringement cases cited by the appellants,4 the                     
          examiner’s interpretation of the claim language in question is              
          unduly broad, stemming as it does from a unreasonable parsing of            


               4 See In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320,               
          1321-22 (Fed. Cir. 1989).                                                   
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