Ex parte EICKEN et al. - Page 6

              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                                                                        

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