Ex Parte Bumgarner et al - Page 11


               Appeal No. 2006-0235                                                                                               
               Application 09/733,352                                                                                             

               set forth in the written description of the specification, and the disclosure at page 4, ll. 2-4, of the           
               specification, on which appellants rely, is merely an “example” of a general arrangement which                     
               can provide the claimed function with little specific structure which we will not read into the                    
               claim as a limitation.  Accordingly, on this record, we determine that the phrase “operatively                     
               connected” would have its customary general meaning in claim drafting, and thus, claim 33                          
               encompasses the load cell 29 operatively connected to fiber 8 via tractor assembly 11 mounted                      
               on plate 28 of Knowles, which arrangement is capable of performing the function designated in                      
               the claim of monitoring the tension of the fiber between capstans which can be the tractor                         
               assembles of Knowles.                                                                                              
                      The plain language of claims 16 and 34 requires any manner of “a load cell connected” in                    
               any fashion to any manner of “a pulley which . . . contacts the fiber . . . causing said pulley to                 
               rotate,” in which the term “connected” is at issue.  Appellants submit that under the examiner’s                   
               use of the term “connected,” “every machine in the word is connected,” and in this respect, point                  
               to the term as used in the disclosure of a particular embodiment in the specification at page 10,                  
               ll. 26-29: “[t]urnaround pulley 22 is connected to a load cell which monitors the amount of                        
               tension applied onto the turnaround pulley by the passing fiber, and thus monitors the amount of                   
               tension being imparted to the fiber;” and at page 11, ll. 6-9:  “in a preferred embodiment,                        
               feedback from the load cell of the turnaround pulley 22 is used to adjust the differential speed of                
               the screening capstan 24 so that a sufficient screening tension is maintained consistently                         
               throughout the drawing of the entire optical fiber blank into optical fiber” (reply brief, pages                   
               6-7 and 10; brief, pages 5-6).  Appellants argue that this disclosure makes clear “that the pulley                 
               must be operatively connected to the load cell so that the load cell can monitor tension of the                    
               fiber via contact with the pulley” (id.).  The examiner submits that appellants’ position requires                 
               reading limitations from the specification into the claims (answer, pages 10-11).                                  
                      We have considered the term “connected” of these claims in the context of the claim                         
               language and the written description in the specification, including the drawings, in giving it the                
               broadest reasonable interpretation in ordinary usage in context, mindful that a limitation or                      
               particular embodiment disclosed in the specification cannot be read into the claim.                                
               See Am. Acad. of Sci. Tech. Ctr., 367 F.3d at 1364, 70 USPQ2d at 1830; Morris, 127 F.3d at                         
               1054-55, 44 USPQ2d at 1027; Zletz, 893 F.2d at 321-22, 13 USPQ2d at 1322 (Fed. Cir. 1989);                         

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