Appeal 2006-2352
Application 10/065,436
polyester hollow filaments that connect the hollow to the outside of the
filaments (col. 2, ll. 16-51).
Shiozaki describes the formation of polyester filaments having “a very
large internal surface and a large number of capillaries which are effective
for absorbing water or moisture” (col. 6, ll. 63-66). Shiozaki discloses
blending the pore-forming agent with the polyester (e.g., the preferred PET),
followed by completely or partially removing the pore forming agent from
the filaments to form and connect fine pores (capillaries) to each other so as
to connect the atmosphere outside each filament to each hollow therein with
the resultant hollow filaments having good water absorbency (col. 8, l. 43
through col. 9, l. 54 and exs. 1-9). Thus, Shiozaki describes complete
removal of the pore forming agent from the PET-containing filaments, as
one embodiment.
PRINCIPLES OF LAW
The “phrase ‘consisting essentially of’ limits the scope of a claim to
the specified ingredients and those that do not materially affect the basic and
novel characteristic(s) of a composition.” In re Herz, 537 F.2d 549, 551-52,
190 USPQ 461, 463 (CCPA 1976); see also PPG Indus., Inc. v. Guardian
Indus. Corp., 156 F.3d 1351, 1354, 48 USPQ2d 1351, 1353-54 (Fed. Cir.
1998) (“By using the term “consisting essentially of,” the drafter signals that
the invention necessarily includes the listed ingredients and is open to
unlisted ingredients that do not materially affect the basic and novel
properties of the invention”).
During examination, "claims ... are to be given their broadest
reasonable interpretation consistent with the specification, and ... claim
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