Ex Parte Lawrie et al - Page 7



             Appeal 2007-1670                                                                                   
             Application 10/102,565                                                                             
                  11. Once the member (46) has been inserted, the opening (50) is shaped, by                    
                  virtue of the fingers (58), to prevent the member (46) from passing back                      
                  through the opening (50) (Dobson, Fig. 5).                                                    
                  12. As such, Dobson discloses an opening shaped to receive the cable drum                     
                  housing when the cable drum housing is in a first position and shaped to                      
                  prevent the cable drum housing from passing through the opening when the                      
                  cable drum housing is in a second position.                                                   

                                           PRINCIPLES OF LAW                                                    
                   “A claim is anticipated only if each and every element as set forth in the                   
             claim is found, either expressly or inherently described, in a single prior art                    
             reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2                   
             USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).                             
                   We determine the scope of the claims in patent applications not solely on the                
             basis of the claim language, but upon giving claims “their broadest reasonable                     
             interpretation consistent with the specification” and “in light of the specification as            
             it would be interpreted by one of ordinary skill in the art.”  In re Am. Acad. of Sci.             
             Tech. Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827, 1830 (Fed. Cir. 2004).  We                        
             must be careful not to read a particular embodiment appearing in the written                       
             description into the claim if the claim language is broader than the embodiment.                   
             See Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69                           
             USPQ2d 1865, 1868 (Fed. Cir. 2004) (“Though understanding the claim language                       
             may be aided by the explanations contained in the written description, it is                       

                                                       7                                                        



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: September 9, 2013