Appeal No. 2007-0382
Reexamination 90/007,172
whether the fastening or stitching of the PVC covering in Cole would
preclude the covering from being a “continuous layer.”
22. Cole does not expressly state that the PVC covering is “seamless.”
Principles of Law
In the PTO where patentability issues are decided, claims are given their
broadest reasonable construction consistent with the specification. In re Bigio, 381
F.3d 1320, 1324, 72 USPQ2d 1209, 1211 (Fed. Cir. 2004) (“[T]he PTO gives a
disputed claim term its broadest reasonable interpretation during patent
prosecution.”). This mode of claim interpretation applies even for a patent under
reexamination. In re American Academy of Science Tech Center, 367 F.3d 1359,
1364, 70 USPQ2d 1827, 1830 (Fed. Cir. 2004) (“The ‘broadest reasonable
construction’ rule applies to reexaminations as well as initial examinations.”).
“To anticipate a claim, a prior art reference must disclose every limitation of
the claimed invention, either explicitly or inherently.” In re Schreiber, 128 F.3d
1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997). Under 35 U.S.C. § 102,
mere possibilities or probabilities that a claimed characteristic might be present in
the prior art is insufficient. In re Robertson, 169 F.3d 743, 745, 49 USPQ2d 1949,
1950-51 (Fed. Cir. 1999).
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