Appeal No. 1998-0870
Application No. 08/325,015
steric stabilizer for the polypyrrole particles, and antimony-
doped tin oxide particles.
As to the phrase “predominately consists of” which is
used to define the coating, the phrase “consists of” is
ordinarily interpreted as excluding any unspecified
ingredients. PPG Industries Inc. v. Guardian Industries
Corp., 156 F.3d 1351, 1354, 48 USPQ2d 1351, 1353-54 (Fed. Cir.
1998); Ex parte Davis, 80 USPQ 448, 449 (Bd. App. 1948).
In the present case, however, the phrase “consists of” is
qualified, and broadened, by the term “predominately.”
According to Webster’s Ninth New Collegiate Dictionary,
Merriam-Webster Inc., Springfield, MA (1985) at page 927, the4
root term “predominate” is synonymous with “predominant.” The
term “predominantly,” which was used in original claim 1, is
defined as “for the most part: mainly.” Thus, the ordinary
meaning of “coating predominately consists of a homogeneous
mixture of said latex particles of polypyrrole, a steric
stabilizer for said particles of polypyrrole and antimony-
doped tin oxide particles” would be that the coating for the
4We attach a copy of this reference for appellants’ convenience.
6
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