Ex parte EBERHARDT - Page 5




          Appeal No. 2000-0897                                                        
          Application No. 08/570,373                                                  


               al. teach when each is read as a whole, there is                       
               simply no suggestion that the tissue could be                          
               located anyplace other than positioned to the inside                   
               of the rail, as shown in each reference, and                           
               extending longitudinally “to but not around the                        
               support rail” as shown by Wain.                                        
               Of critical importance in this appeal is the meaning of                
          the words “directly underneath” found in the last line of                   
          claim 1.  It is well settled that during examination                        
          proceedings, claims are to be given their broadest reasonable               
          interpretation, and that limitations are not to be read into                
          them from the specification.  In re Hyatt, 211 F.3d 1367,                   
          1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000), In re Van Geuns,               
          988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993).                 
          Applying these principles to the present case, we conclude                  
          that the broadest reasonable interpretation of the claim                    
          limitation calling for the biological valve member to extend                
          “directly underneath” the support wire is that at least a                   
          portion of the valve member lies adjacent to and  below the                 
          support wire.  We do not view this claim language as requiring              
          (1) that the valve member is the only valve element located                 
          under the support rail, or (2) that the valve member is                     
          centered on the support rail, and/or (3) that a portion of the              

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