Ex parte CHEN - Page 13




          Appeal No. 1998-2884                                                        
          Application No. 08/495,960                                                  


          unpersuasive since they are not commensurate with the scope of              
          representative claim 22.  It is axiomatic that, in proceedings              
          before the PTO, claims in an application are to be given their              
          broadest reasonable interpretation consistent with the                      
          specification, and                                                          





          that claim language should be read in light of the                          
          specification as it would be interpreted by one of ordinary                 
          skill in the art.  In re Sneed, 710 F.2d 1544, 1548, 218 USPQ               
          385, 388 (Fed. Cir. 1983).  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).  As                   
          pointed out by the Examiner (Answer, page 8), the process                   
          steps set forth in claim 22, contrary to Appellant’s                        
          assertions, recite only the steps for making a trench                       
          isolation structure, a process to which the disclosures of                  
          both Iranmanesh and Okada are directed.                                     
                                          13                                          





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007