Ex parte CARMAN et al. - Page 4




                 Appeal No. 1996-3472                                                                                                                   
                 Application 08/192,088                                                                                                                 


                 alumina abrasive grains (Brief, pages 2 and 8).  In any                                                                                
                 anticipation or obviousness analysis, the claim must first be                                                                          
                 correctly construed to define the scope and meaning of each                                                                            
                 contested limitation.  Gechter v. Davidson, 116 F.3d 1454,                                                                             
                 1457, 1460 n.3, 43 USPQ2d 1030, 1032, 1035 n.3 (Fed. Cir.                                                                              
                 1997).                                                                                                                                 
                          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).  Giving the broadest reasonable                                                                             
                 interpretation to the claimed term “sol-gel alumina abrasive                                                                           
                 grains” consistent with pages 5-6 of the specification, we                                                                             
                 agree with appellants that one of ordinary skill in the art                                                                            
                 would have interpreted this term to mean alumina with specific                                                                         
                 physical characteristics.   As appellants point out on page 63                                                                                         
                 of the Brief, the examiner has failed to identify any                                                                                  




                          3See also the meaning of sol-gel alumina abrasive grains                                                                      
                 as disclosed by the prior art, i.e., Rue and Cottringer.                                                                               
                                                                           4                                                                            




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