Appeal No. 2006-0512 Page 4
Application No. 10/150,318
applied to the temperature varying element (e.g., see the
abstract; lines 1-35 in column 4; lines 8-65 in column 7; lines
22-55 in column 9; and the paragraph bridging columns 9 and 10).
According to the appellant, Kelly’s aforementioned control
circuit does not correspond to the external test equipment
required by the independent claims on appeal (e.g., see the
paragraph bridging pages 9 and 10 the brief). Like the examiner,
we are unpersuaded by this argument.
As an initial matter, we emphasize the examiner’s point that
Kelly’s control circuit may be disposed external to the battery
back (e.g., see lines 31-34 in column 8 and lines 45-55 in
column 9). Therefore, Kelly explicitly discloses embodiments
wherein the control circuit constitutes an external piece of
equipment. Moreover, this external control circuit or equipment
performs a test function in that it measures the temperature
response of patentee’s temperature sensor just as the appellant’s
claimed external test equipment measures the temperature response
of the temperature sensor pursuant to independent claims 1 and
12.
It is here appropriate to remind the appellant that, during
examination precedings, claims are given their broadest
reasonable interpretation consistent with the specification. See
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