Appeal No. 1995-4243
Application 07/924,591
specification (Decision, pages 9-10). As noted by appellant
on page 2 of the Request, claim 11 depends from claim 3, which
in turn depends from independent claim 14. Claim 11 recites
weight % ranges for a glass frit of lead monoxide, boron
oxide, and silica. As also noted by appellant on page 4 of
the Request, claim 11 recites
the transitional term “comprising” regarding the glass frit
composition. The transitional term “comprising” permits the
inclusion of other materials. In re Baxter, 656 F.2d 679,
686, 210 USPQ 795, 802 (CCPA 1981).
Conversely, claim 12 recites a specific composition of
the glass frit which “consists of” lead monoxide, boron oxide
and silica. The transitional term “consists of” closes the
claim to the inclusion of materials other than those recited
except for impurities ordinarily associated therewith (see
footnote 4 on page 11 of the Decision). Accordingly, there is
basis in the originally filed disclosure for the composition
“consisting of” the three ingredients recited in claim 12 on
appeal with the attendant boron to silica ratio which is
within the scope of claim 14. However, we have determined
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