Ex parte TOYAMA et al. - Page 9




          Appeal No. 1998-1915                                       Page 9           
          Application No. 08/670,123                                                  


          Copyright L. 497, 499, 501 (1990)).  “In the patentability                  
          context, claims are to be given their broadest reasonable                   
          interpretations.  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)).                                        


               Here, claims 9 and 10 specify in pertinent part the                    
          following limitations: "first means connected to the starting               
          switch for feeding an alternating current of a variable                     
          frequency to the discharge lamp after the starting switch                   
          moves into the on position; and second means connected to the               
          first means for increasing the frequency of the alternating                 
          current in accordance with lapse of time over an interval of                
          time during which the discharge lamp remains activated."                    
          Giving the claims their broadest reasonable interpretation,                 
          and "[c]ontrary to the earlier positions taken by Appellants,               
          Appellants now agree with the Examiner's holding that in claim              
          9, the first AC power is not limited to being applied to the                
          lamp after lamp activation."  (Reply Br. at 4.)  At oral                    







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007