Ex Parte Schroen - Page 5




          Appeal No. 2004-0700                                                        
          Application No. 09/531,671                                                  

          drawing.  However, neither claim 14 nor any of the other argued             
          claims on appeal contains any such requirement.                             
               We here emphasize that, during examination proceedings,                
          claims are to be given their broadest reasonable interpretation             
          consistent with the specification.  In re Hyatt, 211 F.3d 1367,             
          1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000).  Similarly, while              
          claims are to be interpreted in light of the specification,                 
          limitations from the specification are not to be read into the              
          claims.  Comack Communications, Inc. v. Harris Corp., 156 F.3d              
          1182, 1186, 48 USPQ2d 1001, 1005 (Fed. Cir. 1998).                          
               Here, it is indisputable that appealed claim 14 does not               
          expressly require encapsulating the entire exposed surfaces of              
          the integrated circuits as shown, for example, in the appellant’s           
          drawing.  Moreover, the fact that claim 14 explicitly recites               
          “encapsulating . . . at least a portion of each lead frame”                 
          (emphasis added) evinces that it is proper to interpret the here            
          claimed encapsulating step as encompassing embodiments wherein              
          only a portion of the feature in question is encapsulated or                
          covered.  A more narrow interpretation would involve the                    
          impermissible practice of reading limitations from the                      
          appellant’s specification and drawing disclosure into the                   
          appealed claim.  Id.                                                        

                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007