Appeal 2007-1597
Application 10/887,525
(Specification, Abstract).
The data processing system includes a plurality of
input/output adapters, and isolation of interrupt resources
available to the input/output adapters is controlled by
functionality in a host bridge that connects the plurality
of input/output adapters to a system bus of the data
processing system … [emphasis added].
(Specification 4).
Isolation of interrupt resources available to the
input/output adapters is controlled by functionality in a
host bridge that connects the plurality of input/output
adapters to a system bus of the data processing system,
… [emphasis added].
(Specification 25, ¶ 3).
Therefore, we agree with the Examiner that Appellants are arguing
limitations found only within the Specification. We note that patentability is
based upon the claims. “It is the claims that measure the invention.” SRI
Int’l v. Matsushita Elec. Corp., 775 F.2d 1107, 1121, 227 USPQ 577, 585
(Fed. Cir. 1985) (en banc). Limitations appearing in the Specification but
not recited in the claim are not read into the claim. E-Pass Techs., Inc. v.
3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003)
(claims must be interpreted “in view of the specification” without importing
limitations from the specification into the claims unnecessarily).
Here, we conclude that Appellants have had ample opportunity to
amend their claim to recite “in a host bridge” instead of “at a host bridge” (if
Appellants intended the former meaning). We decline to read limitations
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