Ex parte STARR - Page 6




            Appeal No. 98-2446                                                                         
            Application 08/593,070                                                                     


            thereto in the same sense that appellant’s cover is removably                              
            connected to the container therein, e.g., via the bolt ring                                
            (60) seen in Figures 3, 4 and 6 of the application drawings.                               
            The examiner’s position that the hatch covers of Seitz and                                 
            Collier are removably connected to the rail car body therein                               
            “by cutting the weld attachment” (answer, page 5) is                                       
            unreasonable and disregards the well settled maxim of our                                  
            Patent law that, in proceedings before the Patent and                                      
            Trademark Office, claims must be given their broadest                                      
            reasonable interpretation consistent with the specifi-cation,                              
            and that the claim language cannot be read in a vacuum, but                                
            instead must be read in light of the specification as it                                   




            would be interpreted by one of ordinary skill in the pertinent                             
            art.  See In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388                              
            (Fed. Cir. 1983),                                                                          

            It follows from the foregoing that the examiner’s                                          
            rejection of claims 1 through 3, 8 and 15 through 17 under 35                              
            U.S.C.                                                                                     

                                                  6                                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007