Appeal No. 2001-0647
Application 08/150,703
that may be afforded by the written description contained in the
applicant's specification.
In re Morris 127 F. 3d 1048, 1054, 44 USPQ2d 1023, 1027(Fed. Cir 1997).
Here, Appellants’ specification provides the following guidance as to how the
word “friable” is used to define the present invention:
The compositions of the present invention include a binder, …..though
modified to cause the coated surface to be friable enough to allow
insects to bit [sic] off and ingest the material, while still maintaining the
structural integrity of the coating. (specification, page 5)
Therefore, we interpret a “friable coating composition” as claimed to be one that is
friable or crumbly to the extent insects can bite and ingest pieces of the coating
without affecting the structural integrity of the coating.
B. Claim 42
Claim 42, which is drawn to an article of manufacture comprising a substrate
having a coating comprised of a binder, pigment, an insect toxicant, an insect
feeding stimulant and an ingredient which is both a filler and a thickener as well as
bait insecticide composition comprising a polymer, at least one insect pheromone,
at least one insect feeding stimulant and an insect toxicant, is considered apart from
claims 32-38, 46-53, 64 and 65 because the coating in the claim 42 need not be
friable. With respect to the “binder” and “polymer” recitations found in claim 42, we
note that Appellants’ specification offers the following guidance:
The compositions of the present invention include a binder, such as
various synthetic and natural resins typically used in paints and
coatings…(page 5, line 1)…..Examples of binders useable in the
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007