Appeal No. 2007-0692
Application No. 10/729,973
“the possibility that claims . . . will be given broader scope than is justified”
by the prior art. In re Bigio, 381 F.3d 1320, 1324, 72 USPQ2d 1209, 1210-
11 (Fed. Cir. 2004) (internal citations omitted). It is not an exercise in
stretching the interpretation of a claim – far beyond what would be
reasonably imagined by the skilled worker in view of the specification – to
read on a prior art structure which could possibly, but not reasonably, be
covered by it.
REVERSED
Demetra J. Mills )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Lora M. Green )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Richard M. Lebovitz )
Administrative Patent Judge )
RML/lbg
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