Appeal No. 2002-1751 Page 5
Application No. 09/098,679
ordinary and accustomed meaning of which we have evidence. See In re Paulsen, 30 F.3d 1475,
1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994).
We must, however, look at more than just the term “glycerin” to interpret the claim, we
must look at the claim as a whole. In this regard, claim 1 is illustrative of the issues. Claim 1 is
directed to a process for inhibiting the oxidative degradation of glycerin (composition containing
at least 95% glycerol) comprising adjusting the pH of glycerin (composition containing at least
95% glycerol). What is adjusted in pH is glycerin, the composition referred to in the preamble.
To meet the requirements of the claim, one must start with a composition containing at least 95%
glycerol and add pH adjusting ingredients thereto. While the claim uses the transitional term
“comprising” the interaction between the preamble and the body of the claim precludes using
mixtures containing less than 95% glycerol as starting materials in the adjustment.
The interpretation we give the claim is consistent with the specification. The
specification does not describe pH adjustment of mixtures containing glycerin as an ingredient, it
only speaks in terms of adjusting the pH of glycerin itself. For instance, all the examples are
directed to compositions which contain only glycerin, water and pH adjusting acid or base
(specification, pp. 6-12) and these examples are said to show how adjusting the pH of glycerin
enhances the stability of glycerin as it relates to oxidative degradation (specification, p. 12).
We determine that the claims are limited to taking a composition containing at least 95%
glycerol and adjusting the pH of that composition. The Examiner has not established that any of
the references describe an adjustment of the pH of glycerin to the levels claimed or the resulting
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