Ex parte BOCHET - Page 10




          Appeal No. 1999-2092                                      Page 10           
          Application No. 08/798,718                                                  


          preformed tear seam 46 leading to second tearing edge 50 from               
          the horizontally disposed portion of Salvadori's preformed                  
          tear seam 46).                                                              


               The argument (brief, pp. 5-6) presented by the appellant               
          does not convince us that the subject matter of claim 42 is                 
          novel.  First, as set forth above, we discern no difference                 
          between claim 42 and the teachings of Salvadori.  Second, we                
          disagree with the appellant's position that for Salvadori to                
          anticipate claim 42, Salvadori must disclose a margin "as                   
          shown in our drawings or in some form equivalent thereto."  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.                   







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