Ex parte EICKEN et al. - Page 5

              Appeal No. 1997-3589                                                                                            
              Application No. 08/117,013                                                                                      


                      Appellants' claimed lubricant component is stated to have improved biodegradability and                 

              consists of a block copolyester prepared from blocks A) and B).  To properly interpret the term                 

              “lubricant” we look toward the specification as the specification acts as a dictionary when it  expressly       

              defines terms used in the claims or when it defines terms by  implication.  In re Morris, 127 F.3d 1048,        

              1054-1055, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997) (“... the PTO applies to the verbiage of the                   

              proposed claims the broadest reasonable meaning of 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 written description contained in applicant’s                   

              specification.”).  In the present application, appellants have stated that: “The lubricants in spinning         

              finishes are intended above all to provide the filaments with the necessary surface slip.”  (Specification,     

              p. 1, lines 30-32).  Further, appellants' specification states that:                                            

                      ... the lubricants would show good surface-slip properties by virtue of a hydrophobic                   
                      component of the molecule and would readily be incorporable in water by virtue of a                     
                      hydrophilic component of the molecule.  The lubricants would also be readily                            
                      removable from the fibers and would show high temperature stability.   (Specification,                  
                      p.3, lines 28-31).                                                                                      

              Thus, lubricants of the claimed invention are those which provide treated fiber filaments with the              

              necessary surface slip.                                                                                         

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