Ex parte KRISHNAKUMAR et al. - Page 6




          Appeal No. 95-3789                                         Page 6           
          Application No. 08/047,047                                                  


          697, 701 (Ct. Cl. 1967) ("Courts can neither broaden nor narrow             
          the claims to give the patentee something different than what he            
          has set forth [in the claim].").  See also Continental Paper Bag            
          Co. v. Eastern Paper Bag Co., 210 U.S. 405, 419 (1908); Cimiotti            
          Unhairing Co. v. American Fur Ref. Co., 198 U.S. 399, 410 (1905).           
          Accordingly, "resort must be had in the first instance to the               
          words of the claim" and words "will be given their ordinary and             
          accustomed meaning, unless it appears that the inventor used them           
          differently."  Envirotech Corp. v. Al George, Inc., 730 F.2d 753,           
          759, 221 USPQ 473, 477 (Fed. Cir. 1984).  Second, it is equally             
          "fundamental that claims are to be construed in the light of the            
          specifications and both are to be read with a view to                       
          ascertaining the invention."  United States v. Adams, 383 U.S.              
          39, 49, 148 USPQ 479, 482 (1966).                                           


               A review of independent claims 15 and 19 reveals that the              
          phrase "on the order of" is used three times in each claim.                 
          Specifically, each claim recites that the planar stretch ratio is           
          "on the order of 9 to 12," that the temperature of the hot                  
          product is "on the order of 185-190°F," and that the container is           
          internally pressurized at a pressure "on the order of 40 to 45              
          psig."                                                                      








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