Ex parte LAJOIE et al. - Page 5




          Appeal No. 96-2311                                                          
          Application 08/139,057                                                      


          aqueous medium is excluded from the total weight of the                     
          ingredients (Examiner's Answer, page 4).  We disagree.                      
               As stated in In re Sneed, 710 F.2d 1544, 1548, 218 USPQ                
          385, 388 (Fed. Cir. 1983),                                                  
               [i]t is axiomatic that, in proceedings before the                      
               PTO, claims in an application are to be given their                    
               broadest reasonable interpretation consistent with                     
               the specifi-cation, and that claim language should                     
               be read in light of the specification as it would be                   
               interpreted by one of ordinary skill in the art.                       
               [Citations omitted].                                                   
          Following that principle of claim interpretation, we conclude               
          that "[t]he weight of the aqueous medium is excluded" (main                 




          brief, page 7, first paragraph).  This becomes clear on                     
          reading the claim language in light of the specification as it              
          would be interpreted by one of ordinary skill in the art.  See              
          the specification, page 3, last paragraph, stating that "[t]he              
          inorganic salt ingredient typically will comprise between                   
          about 10-80 weight percent based on the weight of dry blend                 
          formula-tion."  By the same token, see the specification, page              
          6, first paragraph, stating that "[t]he compatibility                       
          enhancing ingredient is incorporated in a quantity between                  
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