Appeal No. 2005-1586
Application No. 10/317,530
Cir. 1997)("[T]he PTO applies to the verbiage of the proposed claims the
broadest reasonable meaning of the words in their ordinary usage as they would
be understood by one of ordinary skill in the art, taking into account whatever
enlightenment by way of definitions or otherwise that may be afforded by the
written description contained in the applicant's specification."); In re Zletz, 893
F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989)("During patent
examination the pending claims must be interpreted as broadly as their terms
reasonably allow.").
Applying these principles, we note that the subject matter of claim 1 is
directed to a dry mix that is capable of preparing “a low-carbohydrate potato
product.” The specification discloses “[b]y the term ‘low-carbohydrate’ is meant
an amount of a food in a 100 gram serving which supplies less than about one
fourth of the daily recommended intake of carbohydrate for a low-carbohydrate
diet. Generally, a ‘low-carbohydrate diet’ is defined as any diet that includes less
than 100 grams of carbohydrate for an average person per day. Thus, all of the
products of the invention will have carbohydrate in minor amounts, preferably in
an amount of no more than 25 grams per serving.” (Specification, pp. 4-5).
2 Appellant has not provided separate arguments for the appealed claims. Thus, we will limit our
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