[3] subequently further cooling the solution
containing nucleated diaryl carbonate at a controlled rate,
between about 0.01 to 1.0°C per minute whereby crystals of the
diaryl carbonate form in a residue of cooled solution;
[4] separating the residue of cooled solution from the
formed crystals of the diaryl carbonate;
[5] heating the separated crystals at a controlled
rate to their melt temperature, incrementally;
[6] separating sweat exuding from the heated crystals
in each increment; and
[7] collecting the melted crystals to obtain high
purity diaryl carbonate.
The phrase "consisting of" is a transition phrase commonly
used in claims to signal a closed claim, 15 and in the case of
our suggested claim to signal closing only one clause of a
multi-clause claim. Cf. (1), Manual of Patent Examining
Procedure, § 2111.03 (8th ed. Aug. 2001), (2) Mannesmann Demag
Corp. v. Engineered Metal Products Co., Inc. , 793 F.2d 1279,
1282, 230 USPQ 45, 46 (Fed. Cir. 1986) ("consisting" within
element (a) of a claims with elements (a) through (d) limited
only element (a); the district court correctly observed that the
phrase "consisting of" appears in clause (a), not the preamble of
the claim and thus limits only the element set forth in clause
(a) and (3) Berenter v. Quigg, 737 F.Supp. 5, 14 USPQ2d 1175
(D.D.C. 1988) (claim with "comprising" in preamble and
"consisting of" in one step; step limited because of consisting
15 Ex parte Davis, 80 USPQ 448, 450 (Bd. App. 1948) ("consisting of"
closes the claim to inclusion of materials other than those recited except
for impurities ordinarily associated therewith).
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