Appeal 2007-0283
Application 09/849,594
to a composition that contains the specified ingredients at any time from the
moment at which the ingredients are mixed together.”).
The term “bond point” is disclosed in the Specification as “‘[p]oint
bond’ [which] refers to a type of bond that is discontinuous, as opposed to a
continuous, or solid, bond” (Specification 7:3-4). There is no limitation on
the manner in which the combination of specified liquid-impermeable layers
and the ultrasonic bond point pattern form the leak-proof seal. A leak-proof
seal is described in the Specification as formed when “numerous point bonds
. . . are spaced sufficiently close together to create a seal between the bonds”
wherein “part of the substrate material being bonded is displaced outside of
the actual bond point . . . blocking any passage of fluid between the bond
points, or are close enough together to create a sufficiently tortuous path to
block any passage of fluid between the bond points” (Specification 3:4-11,
10:11-11:2, and Fig. 2). We find no basis in the language of claim 1 or in
the Specification to read this disclosure into the claims as a limitation. See,
e.g., In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed.
Cir. 1989). The term “liquid impermeable” is defined in the Specification as
“a liquid . . . will not pass completely through the layer . . . under ordinary
use conditions” (Specification 5:10-13). Appellants disclose that webs
of polyolefin fibers and polyolefin films can be liquid impermeable
materials (Specification 11:19-12:12).
The specified bond point pattern must be formed in the vicinity of the
edge of at least one of the liquid-impermeable layers, the distance from the
edge of the layer not specified in the claim or defined in the Specification
(see Specification, e.g., layers 12,14 of Figs. 1 and 2). At least one of the
11
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: September 9, 2013