Ex parte KOBAYASHI et al. - Page 13




          Appeal No. 96-0005                                                          
          Application 07/722,599                                                      


               With respect to claim 36 the appellants contend that there             
          is no teaching of a “recess” as they have illustrated in Figs. 5            
          and 6.  We must point out, however, that it is well settled that            
          the claims in a patent application are to be given their broadest           
          reasonable interpretation during prosecution of a patent                    
          application (see In re Zletz, 893 F.2d at 321, 13 USPQ2d at 1322)           
          and limitations from a pending application’s specification will             
          not be read into the claims (see Sjolund v. Musland, 847 F.2d at            
          1581-82, 6 USPQ2d 2027).  Here, the appellants have only broadly            
          set forth in claim 36 the provision of a “recess to receive the             
          bow of the smaller watercraft when received in the berthing area            
          ....”  This being the case, we share the examiner’s view that the           
          Japanese publication teaches a recess as broadly claimed at 27 in           
          Fig. 13 and it would have been obvious to provide the watercraft            
          of Metcalf with such a recess in view of this teaching.                     
               In view of the above, we will sustain the examiner’s                   
          rejection of claims 19, 20, 36 and 37 under 35 U.S.C.  103 based           
          on the combined disclosures of Metcalf, Babb and the Japanese               
          publication.                                                                
               Considering now the rejection of claims 62 and 63 under                
          35 U.S.C.  103 as being unpatentable over Metcalf, the examiner            
          has stated that:                                                            

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