In Baldwin’s annotated claims, Baldwin specifies that the container assembly having first
and second sides and an internal volume between the first and second sides is defined by the
thermal pack assembly 20. As described, the thermal pack assembly is primarily comprised of
different layers of solid materials. However, on top of the various layers of solid materials is a
pouch 200 that is also part of the thermal pack assembly, and that has first and second sides and
an internal volume between the first and second sides. The pouch 200 contains a layer of phase
change material in the internal volume.
Frohlich’s literal and narrow interpretation of Baldwin’s annotated set of claims is
unreasonable. Frohlich argues that the sides of the thermal pack assembly are defined by the
sides 20a and 20b only, and that the layer of phase change material 204 is almost entirely outside
of the volume defined by sides 20a and 20b. Baldwin’s specification clearly indicates, however,
that the thermal pack assembly includes pouch 200. Thus, the sides of the assembly 20 include
the sides of all of the parts that make up the assembly 20. This includes the sides of the pouch
200, not just the sides of the bottom layers of the thermal pack assembly. When interpreted in
that light, Baldwin’s specification clearly describes a container assembly 20 having first and
second sides (defined by 20a, 20b and the sides of 200), and an internal volume between the first
and second sides. Moreover, the pouch 200 by itself meets the limitation of a container with
sides and a volume in between the sides, as does chamber 43 (application 09/526,026, page 6,
lines 26-29).
It may have been more accurate for Baldwin to indicate, in its annotated set of claims,
that the envelope 200 of the thermal pack assembly 20 defines the volume of the claimed
container. Nonetheless, it is not Baldwin who must demonstrate in the first instance that it has
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Last modified: November 3, 2007