1995-2802
Application No. 07/983,002
we must construe the scope and meaning of the contested phrase
“durable hydrophilic surface modifier associated” with each
channel. Our reviewing court has stated:3
[T]he PTO applies to the verbiage of the
proposed claims the broadest reasonable meaning of
the words in their ordinary usage as they would be
understood by one of ordinary skill in the art, taking
into account whatever enlightenment by way of
definitions or otherwise that may be afforded by
the written description contained in the
applicant’s specification.
As noted by appellants on page 5 of the Brief, the term
“durable” is defined in the specification as follows:4
As used herein, the term “durable” with
reference to surface modification means wicking
performance after wet-processing, such as dyeing, or at
least ten launderings that is superior to
wicking performance without the surface modification.
The written description in appellants’ specification sets
forth what is meant by hydrophilic surface modification
associated with each channel (page 7, lines 1-14, of the
specification). Appellants explain that the hydrophilic
surface modification may be accomplished by application of a
3In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023,
1027 (Fed. Cir. 1997).
4Specification, page 1, lines 8-10.
6
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