DIONNE et al v. LIOTTA et al - Page 5




          Interference No. 103,906                                                      


          HIV (human immunodeficiency virus).  However, on its face, the                
          phrase is broader in scope and clearly embraces any viral                     
          infection and not only those caused by HBV and retroviruses such              
          as HIV.  The Dionne patent disclosure is consistent with this                 
          broader construction in that it refers to the treatment of viral              
          infections broadly, and mentions HBV and retroviral infections                
          merely as exemplary (col. 1, ll. 10-11; col. 3, ll. 4-12).  The               
          general rule is that claims are to be given their broadest                    
          reasonable interpretation consistent with the specification.  In              
          re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir.                   
          1983).  Also, it is inappropriate to read limitations into the                
          claims which appear only in the specification.  Intervet Am.,                 
          Inc. v. Kee-Vet Labs., Inc., 887 F.2d 1050, 1053, 12 USPQ2d 1474,             
          1476 (Fed. Cir. 1989); In re Prater, 415 F.2d 1393, 1405-05, 162              
          USPQ 541, 550 (CCPA 1969).                                                    
               As for Dionne’s primary reliance on Cortright, we note that              
          the court in that case actually favored a broad construction of               
          the claims at issue (“restore hair growth” not limited to                     
          producing a full head of hair) over a narrower construction                   
          (“restore hair growth” requires return of user’s hair to its                  
          original state, that is, a full head of hair).  In this light,                



                                           5                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007