Appeal 2007-1568
Application 09/900,375
disclosure of displaying objects in the dial face to represent seasonal changes
teaches Appellant’s claimed graphical representation of a scheduled activity
displayed on the dial face. Particularly, the ordinarily skilled artisan would
have readily appreciated that season changes occur over definite periods of
time in the course of the year. Therefore, a season change can accordingly
be programmed in the clock as an activity or event scheduled to occur (as
depicted on the tree top) at a particular time in the course of the year.
Further, the ordinarily skilled artisan would have readily recognized
that Hepp’s teaching of a figurative character teaches Appellant’s claimed
scheduled activity associated with a time of day segment. Claims are to be
given their broadest reasonable interpretation during prosecution, and the
scope of a claim cannot be narrowed by reading disclosed limitations into
the claim. See In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027
(Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322
(Fed. Cir. 1989); In re Prater, 415 F.2d 1393, 1404, 162 USPQ 541, 550
(CCPA 1969). Our reviewing court has repeatedly warned against confining
the claims to specific embodiments described in the specification. Phillips v.
AWH Corp., 415 F.3d 1303, 1323, 75 USPQ2d 1321, 1334 (Fed. Cir. 2005)
(en banc). Appellant could have amended the claim consistent with how
Appellant wants the claim to be interpreted. “An essential purpose of patent
examination is to fashion claims that are precise, clear, correct, and
unambiguous. Only in this way can uncertainties of claim scope be
removed, as much as possible, during the administrative process.” In re
Zletz, 893 F.2d at 322, 13 USPQ2d at 1322.
As rightfully argued by Examiner in the Answer (4), the ordinarily
skilled artisan would have readily appreciated that a time of day segment is
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