Ex parte DAVIS et al. - Page 8




          Appeal No. 2000-0023                                                        
          Application 08/967,856                                                      


          551 (CCPA 1969) ("claims yet unpatented are to be given the                 
          broadest reasonable interpretation consistent with the                      
          specification during examination of a patent application since              
          the applicant may then amend his claims, the thought being to               
          reduce the possibility that, after the patent is granted, the               
          claims may be interpreted as giving broader coverage than is                
          justified" [footnote omitted]).  However, the scope of a claim              
          may not be narrowed by importing into the claim limitations                 
          from the specification which have no express basis in the                   
          claim.  Prater  415 F.2d at 1404, 162 USPQ at 550.                          
               We do not find any of appellants' arguments to be                      
          persuasive because they are founded on an unduly restrictive                
          interpretation of the claim language.  Appellants arguments                 
          are founded on their interpretation of the term "wood" in the               
          claims as not encompassing living trees, to which the                       
          disclosure of Hagar is clearly limited.  Rather, appellants                 
          argue that "Wood and composite wood materials are dead                      
          material - not live plants." See page 6 of the brief.                       
          Nevertheless, appellants have failed to direct our attention                
          to that portion of their specification wherein the argued                   


                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007