Ex Parte Pittaro - Page 7




               Appeal No. 2005-2057                                                                        Page 7                  
               Application No. 09/906,362                                                                                          



                       The reference's measuring "include[s] (1) illuminating the sample with                                      
               intensity-modulated incident light, (2) detecting luminescence emitted from the sample                              
               in response to the illumination, and (3) determining the temporal property using the                                
               measured luminescence."  Col. 5, ll. 30-34.  Regarding the step of detecting, "detection                            
               modes include (1) discrete (e.g., photon-counting) modes, (2) analog (e.g., current-                                
               integration) modes, and/or (3) imaging modes. . . ."  Col. 18, ll. 63-65.  Because the                              
               second mode of detection comprises integration of current, we find that French teaches                              
               contemporaneous detection and integration.                                                                          


                                                 B. CONTROL OF INTEGRATION                                                         
                       The appellant argues, "It is the processor of French that controls the integration                          
               of the signals.  In the presently claimed subject matter, however, the integration periods                          
               are controlled by the detector."  (Appeal Br. at 7.)                                                                


                       "[T]he Board must give claims their broadest reasonable construction. . . ."                                
               Hyatt, 211 F.3d at 1372, 54 USPQ2d at 1668.  In doing so, "limitations are not to be                                
               read into the claims from the specification."  In re Van Geuns, 988 F.2d 1181, 1184, 26                             
               USPQ2d 1057, 1059 (Fed. Cir. 1993) (citing In re Zletz, 893 F.2d 319, 321, 13 USPQ2d                                
               1320, 1322 (Fed. Cir. 1989)).                                                                                       








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