Interference No. 103,303 copolymers. These are the only arguments by the party Galimberti et al. to predicate the separate patentability of its claims. These arguments are addressed seriatim below. I With respect to the homogeneous argument, we note that homogeneous is not a limitation recited in the party Galimberti et al.'s claim 1. It is settled that a claim is to be given its broadest reasonable interpretation and that a limitation from specification is not to be read into the claim. In re Van Geuns, 988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993); Intervet America, Inc. v. Kee-Vet Lab. Inc., 887 F.2d 1050, 1053, 12 USPQ2d 1474, 1476 (Fed. Cir. 1989). The reason for the rule is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed. In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989). The foregoing rule of claim construction applies to patent claims which correspond to the count. Lamont v. Berguer, 7 USPQ2d 1580, 1582 (Bd. Pat. App. & Int. 1988). Since Galimberti et al.'s claim 1 does not recite that the copolymer is homogeneous, we will not read the limitation into the claim. -16-Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 3, 2007