Appeal No. 98-1019
Application 08/500,782
a flexibility of the stem that is “substantially” the same as
the predetermined flexibility of the application member, or
(3) a result that flows from the structure called for earlier
in the claim. As to (3), depending on the extent of departure
between the flexibilities of stem and application member
allowed by the word “substantially” in line 4 of the claim, it
would seem that the stated result may or may not flow from a
given application member/elongated stem combination.
Turning to claim 26, it is well established that the
transitional phrases “consisting of” and “including” linking
the preamble and body of a claim have special meanings in
patent law. Specifically, “consisting of” signifies that the
claim covers only devices having the recited elements and no
more, while “including” signifies that the claim is open-ended
and does not exclude the presence of other elements not
mentioned. In re Certain Slide Fastener Stringers and
Machines and Components Thereof for Producing Such Slide
Fastener Stringers, 216 USPQ 907, 915 (U.S. Int’l Trade Comm.
1981); Ex parte Davis, 80 USPQ 448, 449-50 (Bd. App. 1949).
Based on these special meanings, the transitional phrase
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