Appeal No. 1998-0870
Application No. 08/325,015
most part consists of the specified homogeneous mixture. In
other words, the final coating on the display screen can
contain other unspecified ingredients as long as it mainly
consists (i.e., greater than 50%) of the specified homogeneous
mixture.
We next look to the specification to determine whether
appellants are using the phrase “predominately consists of” in
a manner that is different from its ordinary meaning.
However, we do not find any clear definition or explanation in
the specification that would indicate that the phrase
“predominately consists of” is being used more restrictively
than in the ordinary sense. In the appellants’ specification
at page 3, line 33 to page 4, line 5, appellants state that
the “coating in accordance with the invention does not
comprise a matrix of SiO . . . the coating consists of a
2
homogeneous mixture of both types of particles.” However, the
language found in the specification (i.e., “coating . . . does
not comprise SiO ” or “coating consists of”) is not recited in
2
claim 1 on appeal. Nor is the claimed phrase “predominately5
5It is well settled that limitations from the specification are not to
be read into the claims. Comark Communication, Inc. v. Harris Corp., 156 F.3d
7
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