Appeal No. 1998-2386
Application No. 08/757,749
Claim 1 calls for “a first portion of less than an
overall image visibly printed” on a sheet of material and a
“second portion physically associated as a continuity with
said first portion of said overall image forming part thereof
to assist in completion of said overall image invisibly
printed [on the sheet of material] as a latent image”
(emphasis added). While it is true that claims are to be
given their broadest reasonable interpretation in proceeding
before the PTO, this interpretation must be consistent with
the specification and construed as those
of ordinary skill in the art would construe them. See In re
Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1567 (Fed. Cir.
1990); Specialty Composites v. Cabot Corp., 845 F.2d 981, 986,
6 USPQ2d 1601, 1604 (Fed. Cir. 1988) and In re Sneed, 710 F.2d
1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983). Here, we
believe one of ordinary skill in the art would interpret the
“physically associated as a continuity with said first portion
of said overall image forming part thereof to assist in
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