Ex parte UDAGAWA - Page 5




          Appeal No. 97-1250                                                          
          Application 08/347,087                                                      


               Alternatively, the appellant argues that                               
                    [a]ssuming that the curved portion D10a of Udagawa                
               is considered to be formed at the inner end portion of                 
               the upper plate, the flange D10b and the core D10d of                  
               Udagawa should be considered as a part of the inner end                
               portion.  In this case, the main sealing portion of                    
               Udagawa is formed by the flange D10b and the core D10d                 
               located in the inner end portion and a part of the                     
               plate D10 located above the core D10d.  In the                         
               invention, however, the main sealing portion is formed                 
               by bending the first metal plate outside the inner end                 
               portion, not by the inner end portion.  Thus, the main                 
               sealing portion of Udagawa is not formed by the first                  
               metal plate outside the inner end portion as defined in                
               claim 1 of the invention [brief, pages 7 and 8].                       
               The examiner’s determination that the curved portion D10a on           
          the Udagawa gasket meets the limitations in claims 1 and 12                 
          requiring a heat preventing portion formed at an inner end                  
          portion of the first plate is well founded.  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).  Pursuant to this principle of claim                        
          construction, the words “an inner end portion of the first plate”           
          in claims 1 and 12 are properly interpreted as referring to the             





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