Ex Parte SZYDLOWSKI - Page 3




          Appeal No. 2002-0672                                                        
          Application No. 09/158,715                                                  

          prior art.  See In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320,             
          1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548, 218 USPQ           
          385, 388 (Fed. Cir. 1983); In re Herz, 537 F.2d 549, 551, 190               
          USPQ 461, 463 (CCPA 1976); In re Okuzawa, 537 F.2d 545, 548, 190            
          USPQ 464, 466 (CCPA 1976).  Limitations, however, are not to be             
          read from the specification into the claims.  See In re Prater,             
          415 F.2d 1393, 1405, 162 USPQ 541, 551 (CCPA 1969).                         
               The appellant’s specification (page 2) and Lesieur (col. 1,            
          lines 18-20) indicate that the prior art fuel cell power plant              
          steam reformers used catalyst in pellet form.  The appellant’s              
          claim 1 claims a catalyst block.  This catalyst block, the                  
          appellant states, resists the prior art catalyst pellets’                   
          slumping and crushing because, unlike those pellets, the catalyst           
          block resists downward settling in the reformer chamber when the            
          reformer walls expand (specification, page 2).  The broadest                
          reasonable interpretation of “catalyst block” in view of the                
          specification and prior art, therefore, is that it means a block            
          of catalyst which, unlike catalyst pellets, resists downward                
          settling in a reformer chamber.                                             
               “Anticipation requires that every limitation of the claim in           
          issue be disclosed, either expressly or under principles of                 
          inherency, in a single prior art reference.”  Corning Glass Works           

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