Appeal No. 1996-2239 Page 5
Application No. 08/037,485
skill in the art. In re Morris, 127 F.3d 1048, 1053-1054, 44
USPQ2d 1023, 1027 (Fed. Cir. 1997). In re Zletz, 893 F.2d 319,
321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Sneed, 710
F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983); In re
Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466 (CCPA 1976).
Our construction of the subject matter defined by
appellants’ claim 1 is that the claimed subject matter requires
a metal surface having a coating composition thereon comprising
an amino carboxylate salt, a pigment, a binder and a solvent
coated thereupon. Stephen discloses a composition comprising
the amino carboxylate salt of the claimed subject matter. See
column 1, lines 44 through 68. The amino carboxylate salt is
employed in an amount of 0.01% to about 5% by weight of the
stabilized composition. See column 3, lines 44 - 46. The
composition may be dissolved in suitable solvents as taught in
column 3, lines 59 - 61, and contain pigments, column 4, lines
12 - 13. We find that the composition is specifically designed
to be blended with cutting fluids. We refer to column 3, lines
25 - 32, wherein Stephen discloses that other materials can be
stabilized by the disclosed compounds including “cutting
fluids.”
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