Ex parte KACINES - Page 10




                 Appeal No. 1999-1747                                                                                    Page 10                        
                 Application No. 08/715,422                                                                                                             




                          The preamble of claim 1 (i.e., A quick connect coupling                                                                       
                 for connecting a brake hose to a brake tube in a hydraulic                                                                             
                 brake hose assembly, wherein the brake hose has an inside                                                                              
                 diameter in the range of about 1/8 inch to 3/16 inch) leads us                                                                         
                 in the direction that only the quick connect coupling is being                                                                         
                 claimed, that is, the brake hose and brake tube are not part                                                                           
                 of the claimed subject matter.  We reach this conclusion based                                                                         
                 on the appellant's use of the phrase "for connecting" and the                                                                          
                 appellant's designation of the claimed subject matter as being                                                                         
                 "A quick connect coupling" rather than a brake hose assembly.                                                                          


                          The first clause of claim 1 (i.e., a connector body                                                                           
                 having a first end for crimped connection to the brake hose                                                                            
                 and a second end for connection to the brake tube) leads us in                                                                         

                          5(...continued)                                                                                                               
                 extensive body of precedent on the question of whether a                                                                               
                 statement in a claim of purpose or intended use constitutes a                                                                          
                 limitation for purposes of patentability.  See generally Kropa                                                                         
                 v. Robie, 187 F.2d 150, 155-59, 88 USPQ 478, 483-87 (CCPA                                                                              
                 1951) and the authority cited therein, and cases compiled in 2                                                                         
                 Chisum, Patents § 8.06[1][d] (1991).  Such statements often,                                                                           
                 although not necessarily, appear in the claim's preamble.  In                                                                          
                 re Stencel, 828 F.2d 751, 754, 4 USPQ2d 1071, 1073 (Fed. Cir.                                                                          
                 1987).                                                                                                                                 







Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007