Ex parte GJULLIN - Page 6




               Appeal No. 96-4005                                                                                                     
               Application 08/183,531                                                                                                 


               regions farthest from the aircraft once a large sample region related to potential course deviations is                

               identified.  In Appellant's view, Feuerstein's disclosure actually teaches away from the present invention             

               since, in contrast to the presently claimed decreasing sample region size, the sample regions in                       

               Feuerstein increase in size with increasing distance from the aircraft.                                                

                       After careful review of Appellant's arguments, it is our opinion that such arguments are not                   

               commensurate with the scope of independent claim 1.  It is axiomatic that, in proceedings before the                   

               PTO, claims in an application are to be given their broadest reasonable interpretation consistent with                 

               the specification, and that claim language should be read in light of the specification as it would be                 

               interpreted by one of ordinary skill in the art.  In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385,                      

               388 (Fed. Cir. 1983).  Moreover, limitations are not to be read into the claims from the specification.                

               In re Van Geuns, 988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993) citing In re Zletz,                        

               893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).  The present claim 1 does not recite                         

               the decreasing sample region size feature as argued by Appellant.  Rather, claim 1 recites only                        

               "...sample regions varying in dimension according to use...".  In our view, Feuerstein provides an explicit            

               teaching of this recited feature.  As can be seen from the illustration in Figure 1 of Feuerstein, the rough           

               analyzer fan shaped sample region F  varies in dimension from the fine analyzer sample region f .  We1                                                         1                 

               further note that there are no reasons on the record before us, and Appellant has provided none, to                    

               question the Examiner’s assertion (Answer, page 3) that short and long range terrain following                         


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