Appeal 2006-3247
Application 10/345,055
Markman v. Westview Instruments, Inc., 52 F.3d 967, 979, 34 USPQ2d
1321, 1329 (Fed. Cir. 1995) (en banc), "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)).
Here, claim 24 recites in pertinent part the limitation of "a contact
image sensor." We find no clear definition of the term in the Appellants’
specification. Instead we find a disclosure that "scanners have been
redesigned to incorporate what is usually called a 'Contact Image Sensor' or
CIS, such as described in U.S. Patent No. 5,187,596 to Hwang."
(Specification 12.) For its part, Hwang explains that "such a contact image
sensor as stated above must be equipped with a photoelectric conversion
array, a detection circuit array and a light emitting diode (hereinafter referred
to as LED) array. . . ." (Col. 1, ll. 9-13.)
Mentioning neither a photoelectric conversion array, a detection
circuit array, nor an LED array, however, the representative claim is broader
than the explanation of Hwang. We agree with the Examiner's finding that
the specification broadly discloses that "[c]ontact image sensor 68 is a
device composed of an illumination system which delivers light to the
surface of a specimen such as a wafer 66 and a detection system which
collects the scattered light from the specimen surface and coverts the light
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