Ex parte ZLOTNIK et al. - Page 15




          Appeal No. 1999-1816                                      Page 15           
          Application No. 08/370,540                                                  


          bottom member (i.e., bottom plate 15) is an open plate adapted              
          to slidably receive a tray 16.  We do not agree for the                     
          following reasons.                                                          


               First, it is our opinion that the term "tray" is readable              
          on Zlotnik's bottom plate 15.  It is axiomatic that, in                     
          proceedings before the PTO, terms used in a claim 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.  See 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).                       
          Webster's Third New International Dictionary, (1971) defines                
          "tray" as "a flat, shallow receptacle with a raised edge or                 
          rim, used for carrying, holding, or displaying articles."  For              
          the reasons stated previously, the combined teachings of the                
          applied prior art would have suggested making Zlotnik's bottom              







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