Appeal 2007-2906
Application 10/295,315
standing or falling together and select one claim to represent the group.1
Claims 1-5 are directed to processes for making foam using specific
blowing-agent mixtures, claims 6 and 7 are directed to the blowing-agent
compositions, and claim 8 is directed to a foam produced by the process.
Since blowing-agent compositions are common to all three groups, we select
independent claim 6 for our analysis.
Claim 6 defines the invention as follows:2
6. A blowing agent composition comprising
a) from about 5 to about 50 parts by weight of
HFC-134a and
b) from about 50 to about 95 parts by weight of
HFC-245fa.
A claim before the Board is ordinarily given the broadest construction
consistent with the specification.3 Claim 6 defines a composition using the
transitional term "comprising", which opens the composition to the inclusion
of components other than the two listed.4 Claim 6, however, lists minimums
for the two components (about 5 and about 50 parts by weight, respectively)
so the added components may not exceed about 45 parts by weight. Finally,
use of "about" to qualify each of the numerical values indicates that the
ranges in claim 6 should not be limited to exact end-points.5
1 37 C.F.R. § 41.37(c)(1)(vii). The rule permits the Board rather than the
appellant to choose the representative claim; otherwise, an appellant could
select the narrowest claim to represent the group.
2 Appeal Brief (Br.) 10 (Claims Appendix).
3 In re Etter, 756 F.2d 852, 858-59, 225 USPQ 1, 5-6 (Fed. Cir. 1985) (en
banc).
4 AFG Indus., Inc. v. Cardinal IG Co., 239 F.3d 1239, 1245, 57 USPQ2d
1776, 1780 (Fed. Cir. 2001).
5 In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1954 (Fed. Cir.
2005).
2
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