Appeal No. 1999-2131 Page 19
Application No. 08/971,504
inclusion of other materials.6 We do not find any definition
for this phrase in the appellants' specification. The
ordinary usage of "primarily" means "mainly" or "principally".
Also, the appellants could have used one of the known closed
terms (e.g., "consisting of"), but chose not to do so. Hence,
it is our view that one of ordinary skill in the art, taking
the appellants' written description into account, would have
understood the phrase "consisting primarily of" to mean that
other materials are not excluded. Specifically, Drake's
aluminide coating is not excluded.
The only difference between Drake and claim 1 is the
limitation of the thrust bearing element being "formed of a
wrought alloy material consisting primarily of chromium
carbide and cobalt and having a yield strength of less than
120,000 psi and a ductility of at least 4%, both at room
temperature". The examiner should consider whether, based on
6 During patent examination the pending claims must be interpreted as broadly
as their terms reasonably allow in order to achieve complete exploration of
applicant's invention and its relationship to prior art, so that ambiguities
can be recognized, scope and breadth of language explored and clarification
imposed. See In re Zletz, 893 F. 2d 319, 321, 13 USPQ2d 1320, 1322 (Fed.
Cir. 1989).
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007