Ex parte YUAN - Page 10

          Appeal No. 1997-0461                                                         
          Application 08/267,683                                                       

          which "includes a water-based suspension of molybdenum                       
          disulfide powder dispersed in a soap emulsion." On page 15, at               
          lines 11 through 29, appellant includes what has now become                  
          conventional "boilerplate" in patent applications wherein                    
          appellant states, inter alia, that "numerous variations and                  
          alternative embodiments will occur to those skilled in the                   
          art, without departing from the spirit and scope of the                      
               Thus, we find nothing in appellant's disclosure which                   
          evidences he intended to exclude any ingredients from his                    
          composition other than those claimed. Rather, the term                       
          "includes" is considered to be of the same scope as the well-                
          known open-ended term "comprises" and leaves the                             
          "lubricant/coolant" open to the presence of other components.                
          Additionally, the "suitable liquid dispersion" could include                 
          any variety of other undisclosed ingredients so long as the                  
          ingredients "suitably" dispersed the molybdenum disulfide.                   
          Accordingly, we find no evidence in appellant's original                     
          disclosure which supports appellant's narrow interpretation of               
          his invention as now claimed. There is certainly no basis for                
          the proposition that the claimed compositions exclude or were                


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