Appeal No. 2003-0667 Page 16
Application No. 09/514,699
In other words, the majority believes that the phrase “is separated” in claim 10 violates both the
requirements of the second paragraph of 35 U.S.C. § 112 because it is said to be inconsistent
with the phrase “is kept separated” at page 14 of the specification. The majority’s belief,
however, is not supported by the record. The claim language in question is provided below:
10. A process in accordance with claim 1, wherein the reclaimed
undeveloped developer cake is separated from the second liquid developer until
the solids content of the second liquid developer drops below from about 6 to
about 10 weight percent.
This language requires separation of the reclaimed undeveloped developer cake from the second
liquid developer “until the solids content of the second liquid developer drops below from about
6 to about 10 weight percent (emphasis ours).” In other words, the claim language as a whole
indicates that the reclaimed undeveloped developer cake is “kept separated” until the condition
precedent occurs, i.e, “until the solids content of the second liquid developer drops below from
about 6 to about 10 weight percent.” The majority simply ignores the fact that upon “separating”
the reclaimed undeveloped developer cake from the second liquid developer, the reclaimed
developer cake is deemed to be “kept separated” for whatever period, even for a second, from
the second liquid developer, until the reclaimed developer cake is reintroduced into the second
liquid developer. The claim language as a whole supports this interpretation, especially when it
is read in light the specification. See In re Cohn, 438 F.2d 989, 993, 169 USPQ 95, 98 (CCPA
1971). The relevant parts of the specification are provided below (specification, pages 12 and
14):
[R]eclaiming undeveloped developer cake from the cake bearing liquid receiver
member; and redispersing the reclaimed undeveloped developer cake in the
second developer liquid...
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