Appeal No. 2004-1950
Application 09/352,612
overcoming difficulties occurring in attempting to melt the entire surface areas of the
overlapping wider and thinner strap portions,” citing col. 2, ll. 6-33, and thus, Kobiella teaches
that separated bond lines increase the strength of an overlapped single strip (id., pages 5-6).
Thus, appellants argue that there was in Kobiella the objective to retain minimally sufficient
tensile strength to assure proper functioning of a conventional strap in a tension loop, and so,
there is no motivation to combine this reference with Van Vliet the bonding method of which
shows superior strength to that of Kobiella (id., page 6; see also pages 7-8).
We interpret appealed claims 1, 4, 6 and 16 by giving the terms thereof their broadest
reasonable interpretation in light of the written description in appellants’ specification, including
the drawing, as it would be interpreted by one of ordinary skill in this art, without reading into
the claims any limitation or particular embodiment disclosed in the specification. See In re
Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Zletz, 893 F.2d
319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989); In re Priest, 582 F.2d 33, 37, 199 USPQ
11, 15 (CCPA 1978). It is well settled that applicants’ mere intent as to the scope of the claimed
invention does not so limit the scope of a claim which is otherwise definite when construed in
light of the specification as it would be interpreted by one of ordinary skill in the art. In re
Cormany, 476 F.2d 998, 1000-02, 177 USPQ 450, 451-53 (CCPA 1973).
We find that the plain language of claim 1 specifies that a grid comprising at least biaxial
drawn strips of any polymeric material of any dimensions, that are bonded in at least one overlap
zone comprising at least two spatially separated bonding points or lines of any dimensions,
without limitation on the manner in which the bonding is accomplished or the strength of the
bond. Thus, the claimed grid encompassed by appealed claim 1 can comprise any manner of
additional overlap zones bonded in any manner including fully bonded, and the specified at least
one overlap zone can be otherwise fully bonded as long as the zone contains at least two
spatially separated bonding points or lines of any dimensions, particularly in view of the
transitional term “comprising.” See In re Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03
(CCPA 1981) (“As long as one of the monomers in the reaction is propylene, any other monomer
may be present, because the term ‘comprises’ permits the inclusion of other steps, elements, or
materials.”). Thus, a grid in which one zone of overlap is as specified in the claim and all of the
other zones are fully bonded falls within claim 1.
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