Appeal No. 2006-3310 Page 4
Application No. 10/282,424
defined in the application. However, the specification describes the compositions as
being “in a spreadable, yet dimensionally stable and solid form.” Id., [0028]. The
specification also states that the compositions “are capable of existing in a self-
supporting mass without migrating at temperatures of at least 70°F (21°C), desirably
120°F (49°C) up to at least about 130°F (55°C).” Specification, [0027]. Claims
“‘must be read in view of the specification, of which they are a part.’ . . . [T]he
specification ‘is always highly relevant to the claim construction analysis.’” Phillips v.
AWH Corp., 415 F.3d 1303, 1315, 75 USPQ2d 1321, 1327 (Fed. Cir. 2005) (internal
citations omitted). Accordingly, we construe “non-flowable,” in the context of the
specification, to mean that that the composition is spreadable, but non-migratory and
solid.
The specification provides examples of carriers and their melting or softening
temperature points. Specification, [0038], [0043], [0059], and [0060]. Since the
carrier’s presence in the composition “renders” it “non-flowable,” we infer that the
composition is solid at at least one temperature above 120°F, but becomes flowable
at a certain temperature (which is “greater than about 120°F”) as determined by its
melting or softening point in combination with the other components of the
composition.
In sum, we construe the limitation that the composition is “non-flowable at
temperatures greater than about 120ºF” to require that the composition is
spreadable, but non-migratory and solid, until it reaches a temperature above 120°F.
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