Ex parte CHARRON et al. - Page 7




                 Appeal No. 97-2547                                                                                                                     
                 Application 07/949,042                                                                                                                 


                          The arguments advanced in support of these points (see                                                                        
                 pages 2 and 3 in the request) are basically rehashes of the                                                                            
                 arguments advanced in the earlier appeal and are no more                                                                               
                 persuasive now than they were then.  During patent                                                                                     
                 examination, the terms in a claim are to be given their                                                                                
                 broadest reasonable interpretation consistent with the                                                                                 
                 specification without reading limitations from the                                                                                     
                 specification into the claim.  See In re Zletz, 893 F.2d 319,                                                                          
                 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).  The appellants’                                                                           
                 reliance on their specification and on the 37 CFR § 1.132                                                                              
                 declaration of Edward A. Krupotich filed on July 6, 1993                                                                               
                 (Paper No. 6)  to read limitations into the term “work4                                                                                                              
                 station” as employed in claim 21 (see page 2 in the request)                                                                           
                 is not well taken because neither establishes that “work                                                                               
                 station” is a term of art having an established specific                                                                               
                 meaning.  Thus, we remain of the view that the area                                                                                    
                 immediately downstream of DeHart’s chute 38 constitutes a                                                                              
                 “work station” as broadly defined in claim 21.  Moreover,                                                                              


                          4Paper No. 6 actually contains a copy of the Krupotich                                                                        
                 declaration.  The original is of record in parent Application                                                                          
                 07/695,435 which has matured into U.S. Patent No. 5,156,515.                                                                           
                                                                         -7-                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007