Ex parte WARMERDAM et al. - Page 13




                 Appeal No. 2000-0142                                                                                    Page 13                        
                 Application No. 08/705,569                                                                                                             


                 would help to solve the high-frequency interference problem in                                                                         
                 the admitted prior art.”  (Appeal Br. at 16.)                                                                                          
                                                                                                                                                       
                          In deciding anticipation, “the first inquiry must be into                                                                     
                 exactly what the claims define.”  In re Wilder, 429 F.2d 447,                                                                          
                 450, 166 USPQ 545, 548 (CCPA 1970).  “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)).          5                                                                                                                


                          Here, claim 18 specifies in pertinent part the following                                                                      
                 limitations: “the reference resistor is independent of and is                                                                          
                 not a part of the current amplifier.”  Giving the claim its                                                                            
                 broadest reasonable interpretation, the limitations require a                                                                          

                          5Claims are given such interpretation because during                                                                          
                 examination an “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.”  In re Prater, 415 F.2d 1393,                                                                             
                 1404-05, 162 USPQ 541, 550-551 (CCPA 1969).                                                                                            







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