Ex Parte 6196681 et al - Page 4


                Appeal 2007-0554                                                                                 
                Reexamination Nos. 90/006,118 & 90/006,254                                                       
                Patent 6,196,681 B1                                                                              

                       5.  A unitary structure in accordance with claim 2 constructed and                        
                             arranged to position the lens portions to provide a series of                       
                             vertical venting areas between the inside surface of the lens                       
                             portions and the unitary structure.                                                 
                       Generally, “in proceedings before the PTO, claims in an application                       
                are to be given their broadest reasonable interpretation consistent with the                     
                specification.”   In re Sneed, 710 F.2d 1544, 1548, 218 USPQ385, 388 (Fed.                       
                Cir. 1983).  The same is true in reexamination proceedings.  In re                               
                Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir. 1984).                               
                “The reason is simply that during . . . prosecution when claims can be                           
                amended, ambiguities should be recognized, scope and breadth of language                         
                explored, and clarification imposed.”  In re Zletz, 893 F.2d 319, 321, 13                        
                USPQ2d 1320, 1322 (Fed. Cir. 1989).  When the supporting specification                           
                provides a narrower definition of the claim language, the claims shall be                        
                read accordingly.  Id.:                                                                          
                             During . . . examination the pending claims must be interpreted                     
                       as broadly as their terms reasonably allow.  When the applicant states                    
                       the meaning that the claim terms are intended to have, the claims are                     
                       examined with that meaning, in order to achieve a complete                                
                       exploration of the applicant’s invention and its relation to the prior art.               
                However, when the specification lacks a clear term definition, the language                      
                of the claims, and accordingly the scope and content of the claimed subject                      
                matter, should be interpreted as broadly as the specification will otherwise                     
                reasonably allow.                                                                                
                       Here, when we refer to Appellant’s Specification, we refer to                             
                Canavan, U.S. Patent 6,196,681, issued March 6, 2001 (hereafter                                  

                                                       4                                                         

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: September 9, 2013