In Re C.A. Queener

I join the court’s opinion, and agree that the dispositive issue is the breadth of the Queener claims. However, in view of Senior Judge Miller’s interpretation of precedent to hold that the last paragraph of section 112 is reasonably applied, in prosecution before the PTO, so that the claims need not distinguish from the prior art, I write separately to express my concern lest we reopen that closed book. It is now beyond debate that limitations from the specification will not, during examination before the PTO, be imputed to the claims in order to avoid prior art; such limitations must be…