[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). - 9 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007