Appeal No. 95-2622
Application 08/125,524
9. A monofilament of Claim 8 wherein the polyester
consists essentially of polyethylene terephthalate.
10. A monofilament of Claim 3 having 8
circumferential
striations.
Discussion
1. Rejections under § 102 over Spencer
Claim 1 stands rejected under 35 U.S.C. § 102(b) as
being described by Spencer. We reverse.
In our view, the rejection stands or falls depending on
the meaning to be accorded “oriented polymeric monofilament”
in Claim 1. During prosecution in the Patent and Trademark
Office, claim language is to be given the broadest reasonable
interpretation which is consistent with the description of the
invention in the specification. In re Zletz, 893 F.2d 319,
321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Prater, 415
F.2d 1393, 1404-05, 162 USPQ 541, 550-51 (CCPA 1969).
Appellant’s specification teaches (Spec., p. 3, l. 5-13):
The polymeric material is extruded through the
die and subsequently processed according to customary
techniques. The molten polymer, blended with any desired
additives, is extruded through the die into a quench
medium, typically water, after which it is oriented. The
monofilaments should be oriented by drawing about from
3.4
to 7.0 times their original length, and preferably about
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