Ex Parte Fujita - Page 5



          Appeal No. 2004-1571                                                        
          Application 10/116,027                                                      

          recited floor panel to be a one piece structure, the appellant              
          submits that “claim 1 is only directed to one piece, namely a               
          ‘floor panel for a vehicle’” (reply brief, page 4).                         

               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).  Claim 1, given its broadest reasonable            
          interpretation consistent with the underlying specification, does           
          not require the claimed floor panel to be one piece.  The                   
          appellant’s position to the contrary rests on an improper reading           
          of limitations from the specification into the claim.  Indeed,              
          the underlying specification actually indicates that while a one            
          piece floor panel is preferred, a multiple piece floor panel is             
          also contemplated:                                                          
               a cross portion 6 of the floor tunnel 3 and the                        
               protrusion portion 5 are protruded more than any other                 
               portion of the floor panel 3 for increasing the                        
               rigidity of the cross portion 6.  It is preferred that                 
               the cross portion 6 be formed of one plate by molding                  
               press, but the cross po[r]tion 6 may be formed by                      
               welding another plate or other known mechanical and                    
               chemical joining techniques [specification, page 5].                   


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