Ex parte SMITH et al. - Page 7




          Appeal No. 1999-0348                                       Page 7           
          Application No. 08/663,471                                                  


               Thus, the sole issue presented by the appellants in this               
          appeal is whether the claimed limitation that the resistance                
          heater wire be comprised of a material having a melting                     
          temperature defining a secondary thermal cut-off inherently                 
          "reads on" Laibow's electrical resistance wiring (see column                
          3, lines 20-37).                                                            


               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).                                                      


               Upon review of the appellants' specification, we have                  
          determined the following.  First, the temperature at which the              







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