one side of the phase change material are “removably positioned” as claimed. Note, that Marney
describes that the heater elements are electrically connected in series, whose wires are
terminated on the outer shell 11 of the pouch, thus indicating that the “phase change thermal
storage assemblies” that include the heating elements are not “removably positioned.” Frohlich
provides no explanation otherwise. As stated above, it is not enough to merely direct us to
several lines of a passage in a reference, where it is not apparent in the passage that an element is
met. For this reason, Frohlich has failed to set forth a prima facie case of anticipation with
respect to Baldwin claims 30, 36 and 38. Accordingly, we need not and have not considered
Baldwin’s opposition regarding those claims, or Frohlich’s reply regarding the same claims.
Baldwin claims 40, 46 and 48
With respect to Baldwin claims 40, 46 and 48, Frohlich has set forth a prima facie case of
anticipation in view of the Marney reference. Baldwin claims 40, 46 and 48 are nearly identical
to Baldwin claims 20, 26 and 28, respectively. The preamble, however, of independent claim 40
recites “a pizza heater for keeping pizza warm during delivery.” Claim 46 depends on claim 40.
Claim 48 depends on claim 46. Frohlich argues that the preamble of claim 40 is not a limitation
of the claim because it merely states an intended purpose of the claim (motion at 16). Indeed,
where a patentee defines a structurally complete invention in the claim body and uses the
preamble only to state a purpose or intended use for the invention, the preamble is not a claim
limitation. Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997). The
preamble of a claim does not limit the scope of the claim when it merely states a purpose or
intended use of the invention. In re Paulsen, 30 F.3d 1475, 1479, 31 USPQ2d 1671, 1673 (Fed.
Cir. 1994); Loctite Corp. v. Ultra Seal Ltd., 781 F.2d 861, 868, 228 USPQ 90, 94 (Fed. Cir.
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