proposes an unreasonable interpretation of “a layer of phase change material.”
A layer is defined as a single thickness, coating, or stratum spread out or covering a
surface. Webster’s II New Riverside Dictionary, Copyright 1988 (attached). Absent from the
definition for layer are the words solid and discrete. The definition is broad enough to include
materials that are neither solid nor discrete. Frohlich has proposed a construction of the term
layer that is narrower than the ordinary meaning of that word. We recognize that an inventor can
be his own lexicographer. However, Frohlich has failed to direct us to evidence that would
demonstrate that the term “layer” is given a special definition in Frohlich’s specification. Note,
that Frohlich’s own specification states that it is desirable for the layer to be of a discrete shape,
but that the “layer 28 of phase change material 30 can have any size or shape.” ( ‘006 patent, col.
3, lines 59-62). That it is desirable for the phase change material to be of a discrete shape, does
not mean that the layer of phase change material must necessarily be a discrete shape, or that the
term “layer” is defined in the specification to always mean a solid discrete shape. Frohlich
arrives at its proposed claim interpretation of “a layer of phase change material” by importing
limitations from its specification into the claim language. As discussed above, such importation
of limitations into claims is not permitted.
Baldwin independent claims 20, 30 and 40 additionally recite a “heater assembly
positioned on one side of the layer of phase change material.” Frohlich argues that when the
term is construed in light of its specification, the term “heater assembly” means a heating
element alone, a heat transfer element alone, or a combination of a heating element and heat
transfer element (motion at 9). Frohlich argues that Baldwin’s specification fails to describe “a
heater assembly” that is a heat transfer element alone. Frohlich agrees that Baldwin does have
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