Ex Parte DAVIS, JR. - Page 2

          Appeal No. 1998-0838                                                        
          Application No. 08/265,858                                                  

          We have carefully considered each of the points of argument                 
          raised by appellant in the request for rehearing, however, those            
          arguments do not persuade us that our prior decision was in error           
          in any respect.                                                             

          In contrast with appellant’s position that we have                          
          misapprehended the primary distinction between the prior art                
          applied by the examiner and appellant’s invention, we recognize             
          that the slag handling system disclosed by appellant and that               
          disclosed in Hibbel are not the same, however, it is the claimed            
          subject matter which we have evaluated in this appeal relative to           
          the applied prior art and not the system as specifically                    
          disclosed by appellant.  During the prosecution of a patent                 
          application, claims are given their broadest reasonable                     
          interpretation consistent with the specification.  See In re                
          Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983);             
          In re Tanaka, 551 F.2d 855, 860, 193 USPQ 138, 141 (CCPA 1977).             
          However, limitations in the specification will not be read into             
          the claims.  See In re Winkhaus, 527 F.2d 637, 639, 188 USPQ 129,           
          131 (CCPA 1975).  In this particular case, we have given the                
          claimed slag handling system and, more particularly, the claim              
          language “closed loop sluice water system” in appellant’s                   


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