Ex parte MOLLOY et al. - Page 6




          Appeal No. 95-1360                                                          
          Application No. 08/134,002                                                  


          See also In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322               
          (Fed. Cir. 1989) (“During patent examination the pending                    
          claims must be interpreted as broadly as their terms                        
          reasonably allow.  When the applicant states the meaning that               
          the claim terms are intended to have, the claims are examined               
          with that meaning, in order to achieve a complete exploration               
          of the applicant’s invention and its relation to the prior                  
          art.”).                                                                     
               Appellants take the position that “rapid hardening                     
          hydraulic cement” is a term of art.  Appellants argue that                  
          they “have pointed out the differences between RHHC [rapid                  
          hardening hydraulic cement] and ordinary Portland cement.                   
          Page 2, lines 15-17 and lines 32 to 36 of the specification                 
          defines RHHC” (Brief, p. 5).  Appellants’ specification                     
          discloses that rapid hardening cement, by definition, “is                   
          based on Calcium sulphoaluminate compound” (Specification, p.               
          2, lines 32-33).  Moreover, according to appellants (Brief, p.              
          5):                                                                         
               Appellants’ Information Disclosure Statement filed                     
               October 27, 1993, discloses two patents which                          
               disclose examples of cements containing calcium                        
               sulphoaluminate compounds.  They are U.S. Patent                       

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007