Appeal No. 1997-3589
Application No. 08/117,013
Block Copolyester
As the lubricant component “consists” of the copolyester, no additional unspecified ingredients
may be present in the lubricant component other than the claimed copolyester. Specifically, the term
“consisting of” in the body of a claim closes that particular element of the claim to the inclusion of
additional components. Mannesmann Demag Corp. v. Engineered Metal Products Co., 793 F.2d
1279, 230 USPQ 45 (Fed. Cir. 1986). Thus, the only ingredient in the lubricant component is the
recited copolyester. Yet, the lubricant component copolyester being “prepared from” blocks A) and
B) is not limited to a copolyester having only blocks A) and B). The term “prepared from” is
interpreted as open ended terminology as the specification describes that the copolyesters are prepared
from blocks A) and B) and that additional monomers may be present, such as polyethylene glycols
having a molecular weight of from 62 to less than 450. (See specification, page 5, lines 8-12 and
Morris, 127 F.3d at 1054-1055, 44 USPQ2d at 1027 (Fed. Cir. 1997). Accordingly, the claimed
block copolyesters, being the sole ingredient of the lubricant component, are formed from blocks A)
and B), the recited interconnectors and may be formed from additional unrecited monomers. Yet, the
block copolyesters must provide filaments with the necessary surface slip.
The Prior Art
Yanai, U.S. Patent No. 4,725,500
Page 6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007