Ex Parte Gray et al - Page 5


          Appeal No. 2005-1361                                                        
          Application No. 09/798,287                                      5           

               Appellants respond that the claim terminology must be                  
          interpreted in light of the disclosure.  Based on this,                     
          appellants argue that the status registers of the claimed                   
          invention should be interpreted as being associated with each of            
          the components that stores a status code corresponding to the               
          status of the component.  Based on this interpretation,                     
          appellants argue that Dow does not meet the claimed invention               
          because the machine states in Dow are outputs of a single UUT and           
          the status values of a plurality of components.  Thus, appellants           
          argue that neither the machine states nor the recall patterns of            
          Dow are a status code corresponding to the status of the                    
          component [reply brief, pages 2-6].                                         
          We will sustain the examiner’s rejection of independent                     
          claim 1 and the rejection of claims 2, 7, 8, 11, 13, 16-18, 23,             
          24, 27, 29 and 32 which have not been separately argued by                  
          appellants.  We decline to interpret the claimed invention in the           
          manner proposed by appellants in the reply brief.  Claims are to            
          be given their broadest reasonable interpretation during                    
          prosecution.  In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320,               
          1322 (Fed. Cir. 1989); In re Prater, 415 F.2d 1393, 1404, 162               
          USPQ 541, 550 (CCPA 1969).  It is improper to narrow the scope of           
          the claim by implicitly reading in disclosed limitations from the           
          specification which have no express basis in the claims.  See Id.           





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