Appeal 2006-3166
Application 09/843,582
the environment, or to release the material (i.e., heavy metals) without
leaving the host (col. 11, ll. 7-15).
Andros discloses that the ionic sponge material acts as a chelating
agent in removing the nickel, copper, palladium, and platinum group metals
(col. 12, ll. 60-65).
PRINCIPLES OF LAW
A claim is anticipated only if each and every element as set forth in
the claim is found, either expressly or inherently described, in a single prior
art reference. Verdegaal Bros. Inc. v. Union Oil Co. of California, 814 F.2d
628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987). When a claim covers
several structures or compositions, either generically or as alternatives, the
claim is anticipated if any of the structures or compositions within the scope
of the claim is known in the prior art. Brown v. 3M, 265 F.3d 1349, 1351,
60 USPQ2d 1375, 1376 (Fed. Cir. 2001).
Claims are given their broadest reasonable interpretation in light of
the specification as it would be interpreted by one of ordinary skill in the art.
Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed.
Cir. 2005). However, an applicant may be his own lexicographer by
providing a special definition to a claim term that differs from the meaning it
would otherwise possess. Id. In such circumstances, applicant’s special
definition would govern the meaning of the particular claim term. Id.
ANALYSIS
In order to determine whether Andros discloses a complexing agent
that “chemically bond[s]” to metal particles, we must first construe the claim
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