Appeal 2007-0283
Application 09/849,594
The plain language of claim 1 specifies a leak-proof seal comprising
at least bonding together at least two overlapped, liquid-impermeable layers
along an edge of at least one of the layers with at least three rows of discreet
ultrasonic bond points, wherein the bond points in adjacent rows are offset,
adjacent bond points in each row are spaced between about 0.001 inch to
0.20 inch apart, and at least one of the bond points in each of the rows is
equally spaced apart from at least three other bond points. The preambular
language “leak-proof seal” considered in the context of the claimed
invention as a whole, including in light of the written description in the
specification, must be given weight as a claim limitation which characterizes
the claimed seal in order to give meaning to the claim and properly define
the invention. See, e.g., In re Fritch, 972 F.2d 1260, 1262, 23 USPQ2d
1780, 1781 (Fed. Cir. 1992); In re Stencel, 828 F.2d 751, 754-55, 4
USPQ2d 1071, 1073 (Fed. Cir. 1987). The transitional term “comprising”
opens the claim to encompass leak-proof seals having additional elements
including other layers, such as elastic layers, bonded together in any spatial
relationship with the specified layers as well as additional types of bonds
and bond patterns. See, e.g., Vehicular Technologies Corp. v. Titan Wheel
Int’l, Inc., 212 F.3d 1377, 1383, 54 USPQ2d 1841, 1845 (Fed. Cir.
2000); In re Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03
(CCPA 1981). The specified bond type and pattern can be the sole or a
contributing bonding element in forming the leak-proof seal. Claim 1
encompasses a leak proof seal as of the time the seal as claimed is
constructed. Cf. Exxon Chem. Pats., Inc. v. Lubrizol Corp., 64 F.3d 1553,
1556-58, 35 USPQ2d 1801, 1803-05 (Fed. Cir. 1995) (“Exxon’s claims are
10
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: September 9, 2013