Appeal No. 1998-2523
Application No. 08/778,644
Our construction of the subject matter defined by Appellants’ claim 1 is that
the claimed subject matter is directed to a “bleach replenisher composition” which
contains a ferric complex of ethylenediaminetetraacetic acid. The bleach replenisher
composition has a pH of from about 5.4 to about 5.6. Furthermore, it is noted that the
claimed subject matter contains the transitional term, “comprises” and therefore
permits the inclusion of other elements or materials, e.g., a source of bromide ion
and organic or inorganic acid. See In re Baxter 656 F.2d, 679, 686, 210 USPQ 795,
802 (CCPA 1981).
We observe that the specification discloses that the “bleach replenisher
composition” can be formulated by mixing a bleaching composition overflow with a
bleach regenerator composition in a ratio of at least 1:1 up to about 9:1.
(Specification, p. 9, ¶ 2.) The bleach regenerator composition includes a source of
bromide ion and organic or inorganic acid suitable to adjust the pH of the
composition. (Specification, p. 10, ll. 11 through p. 11, l. 2.) Furthermore, the
presence of additional components including a corrosion inhibitor is disclosed.
(Specification, p. 11, ll. 3 to 10.) Thus, we determine that the regenerated bleach
replenisher composition would contain some proportion of the components of the
bleach regenerator composition.
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