Appeal No. 1997-3170
Application No. 08/330,597
U.S.A., Inc., 868 F.2d 1251, 1257, 9 USPQ2d 1962, 1966 (Fed.
Cir. 1989). According to the specification (pages 7 and 8):
For the purposes of this invention, the term
“aqueous rinse” is directed to aqueous compositions
containing concentrations, typically less than 1000
ppm of active sheeting agent materials and compatible
defoamers and other additives, that are directly
applied to the dishware to obtain rinsing. The term
“sheeting agent” refers to the individual component
or components of the rinse agent that causes the
aqueous rinse to sheet. The term “rinse agent” reflects
the concentrate[d] material which is diluted with an
aqueous diluent to form the aqueous rinse. The term
“ware[,]” “table ware[,]” “kitchen ware” or “dishware”
refers to various types of articles used in the
preparation, serving and consumption of foodstuffs
including pots, pans, baking dishes, processing
equipment, trays, pitchers, bowls, plates, saucers,
cups, glasses, forks, knives, spoons, spatulas,
grills, griddles, burners, and the like. The term
“rinsing” or “sheeting” relates to the capacity of
the aqueous rinse when in contact with ware to form
substantially continuous thin sheets of the aqueous
rinse which drain[s] evenly from the ware leaving little
or no spotting upon evaporation of the water.
Thus, we interpret the term “[a] food grade . . . rinse aid
composition” as including only those components which are
useful for “aqueous” rinsing of dishware, kitchenware, or
table ware. In other words, it precludes the presence of
dishwashing detergents since they cannot be used during the
rinse cycle of mechanical warewashing. This interpretation is
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