Ex Parte Romero - Page 4



          Appeal No. 2004-0765                                                        
          Application 09/732,641                                                      


          including an integral means for axially retaining the handle on             
          the hub such as a plurality of fingers.  The appellant’s                    
          arguments are unpersuasive.                                                 
                    While we understand that Mark’s assembly includes a               
          number of individual components in excess of two, nevertheless              
          it is appropriate to consider patentee’s construction as a “two             
          piece” hub and handle assembly in accordance with the appealed              
          claims.  This is because it is proper to regard one piece as                
          patentee’s hub 40 and the other piece as patentee’s handle                  
          subassembly 36, 38, 52, 84 and 42 (which subassembly inter-                 
          connects with the aforementioned hub 40).  Concerning this handle           
          subassembly, we here emphasize that nothing in the appellant’s              
          appealed independent claims excludes an embodiment wherein the              
          here claimed handle comprises a subassembly of multiple                     
          components.  Further in this regard, the appellant is reminded              
          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)) and that limitations from the specifica-             
          tion are not to be read into the claims (Comack Communications,             


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