Appeal 2007-1167 Application 10/784,056 USPQ2d at 1322. “Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.” Id. Both Claims 1 and 6 require “a support member slidably connected within the releasable clamp” (Br. App. A). The key word is “within.” This term is not defined in Applicant’s specification. Thus, it must be given the broadest reasonable interpretation consistent with Applicant’s specification. “[I]n 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 USPQ 385, 388 (Fed. Cir. 1983). Applicant’s specification discloses the use of “a releasable clamp 22 that wraps around the shaft 14 and is tightened to lock the support member 20 in place at a desired location on the shaft” (Spec., p. 3). Applicant’s Figure 1 appears to show that the support member 20 is connected within an appendage of the releasable clamp 22 (Spec., Fig. 1). Thus, the broadest reasonable interpretation consistent with the specification is that the phrase “within the releasable clamp” means within the clamp or within any appendage thereto. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013