Appeal No. 97-0176
Application No. 08/313,604
not be read into the claims (Sjolund v. Musland, 847 F.2d
1573, 1581-82, 6 USPQ2d 2020, 2027 (Fed. Cir. 1988)).
The step of "minimizing, eliminating or rendering
ineffective defects forming fluid leakage paths through the
end plugs" is written in the alternative and is met by Van
Dievoet if Van Dievoet teaches minimizing or eliminating or
rendering ineffective defects forming fluid leakage paths
through the end plugs. The claim language does not require
that the end plug manufactured according to the steps of the
claimed method be non-porous or that all defects forming fluid
leakage paths through the end plug be rendered ineffective or
specify in what area of the end plug the paths which are
rendered ineffective must be located. The language is met if
any defects forming fluid leakage path through the end plug
shown in Van Dievoet is rendered ineffective.
In our opinion, it is reasonable to conclude that those
leakage paths 5 shown in Figure 4 of Van Dievoet which are
orientated approximately 90E to the longitudinal axis of the
plug and which are not in communication with the "cavity" are
rendered ineffective. It is noted that any leakage paths in
appellants' end plug which have not been eliminated are
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