Ex Parte COOKE et al - Page 5




          Appeal No. 2003-1918                                                        
          Application No. 08/945,722                                                  

          from the appellants’ specification.  Amgen Inc. v. Hoechst Marion           
          Roussel, Inc., 314 F.3d at 1325, 65 USPQ2d at 1393; E.I. Dupont             
          de Nemours & Co. v. Phillips Petroleum Co., 849 F.2d 1430, 1433,            
          7 USPQ2d 1129, 1131 (Fed. Cir.), cert. denied, 488 U.S. 985                 
          (1988).  It is here appropriate to emphasize that, while claims             
          are to be interpreted in light of the specification and with a              
          view to ascertaining the invention, it does not follow that                 
          limitations from the specification may be read into the claims.             
          Sjolund v. Musland, 847 F.2d 1573, 1581, 6 USPQ2d 2020, 2027                
          (Fed. Cir. 1988).                                                           
               Further in this regard, our study of the subject                       
          specification reveals that the high amylose content starch                  
          product of the appellants’ disclosed invention is not limited to            
          starch in its natural state as the appellants seem to believe.              
          For example, page 15 of the specification contains the following            
          disclosure:                                                                 
               In yet another aspect the invention provides high (35%                 
               or more) amylose starches which generate paste                         
               viscosities greater than those obtained from high                      
               amylose starches from maize plants after processing at                 
               temperatures below 100°C.  This provides the advantage                 
               of more economical starch gelatinisation and pasting                   
               treatments through the use of lower processing                         
               temperatures than are currently required for high                      
               amylose starches from maize plants.                                    



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