Appeal No. 1998-1671 3
Application No. 08/481,186
requirements specifying that an aerosol product contain less than 50% flammable
propellent and less than 25% flammable constituents in the base product.
The claims, in the record before us, require a solvent “consisting essentially of
tetrachloroethylene.” At the same time however, the claimed subject matter contains the
transitional language “comprises,” in describing the non-flammable liquid as a whole. As
discussed in our Decision, the term “comprises” permits the inclusion of other components
such as water. See Decision, page 5. Appellants, in their request, treat the presence of
water as falling within the context and scope of the term “solvent.” Hence, they argue that
the solvent does not consist essentially of tetrachloroethylene. (Request, page 6). We
disagree. A solvent is something that dissolves or can dissolve. It is the dissolving medium.
To the extent that water is present in the claimed subject matter, there is no reason to
believe that water functions as a solvent for component (a) an oil or component (b) a
fluorocarbon polymer which is hydrophobic or tetrachloroethylene, to the extent that each
component is present.
In our view, the transitional language, “comprises” permits the presence of an
additional component such as water. Furthermore, any water present does not function as
a solvent within the purview of component (c) of claim 1 of the claimed subject matter.
Indeed, Albanese is in accord with this interpretation since the system of his invention
embodies, “generally immiscible phases, one of which may be considered a water phase,
and the other an active ingredient phase.” See column 2, line 67 to column 3, line 1.
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