Appeal No. 2004-0587
Application 09/054,304
server network, the system comprising:” followed by a combination
of apparatus. Similarly, we note that Appellants’ claimed 20
recites “a program storage device storing instructions that when
executed by a computer perform the method comprising:” followed
by a series of method steps. Claim 21 recites “a system for
managing a client request in a client-server network having a
client, a first server, and a second server, the system
comprising:” followed by a combination of means. Claim 22
recites “a system for managing a client response in a client-
server network, the system comprising:” followed by a combination
of apparatus. Therefore, all the claims recite the transitional
word “comprising”.
“Comprising” is a term of art used in claim language which
means that the named elements are essential, but other elements
may be added and still form a construct within the scope of the
claim. Moleculon Research Corp. v. CBS, Inc. 793 F.2d 1261, 229
USPQ 805 (Fed. Cir. 1986) and In re Baxter, 656 F.2d 679, 686,
210 USPQ 795, 803 (CCPA 1981) Also see MPEP 2111.03.
Thus, claims with the use of the term, “comprising,” are
open ended claims which allow other elements, apparatus, method
steps to be included into the claims. Furthermore, the use of
11
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007