Appeal 2007-1396
Application 10/375,235
1802 (Fed. Cir. 1995) (“The claimed composition is defined as comprising -
meaning containing at least - five specific ingredients.”).
We find no limiting definition for any of the claimed terms specifying
kinds of compounds and complexes in the Specification which requires a
meaning other than art recognized broad meaning of the terms. Appellants
disclose the mechanism pathway or “bleach cascade” from the triglycerides
in oily stains to activation of a hydroperoxide with a transition metal
complex catalyst. Appellants further disclose that in “air mode,” bleaching
is affected by atmospheric oxygen and peroxides enzymatically generated in
the wash medium. Specification, e.g.; 2:6 to 3:8, 4:4-15, and 4:26-5:19. We
observe that, in this respect, Appellants disclose that certain of these claim
terms should be considered as limited in chemical activity in certain respects
as Appellants intend, regardless of the bleaching or reaction mechanism(s)
which the compounds and complexes provide. Specification, e.g., 7:7-10.
Appellants’ mere intent as to the scope of the claim terms does not so limit
the scope of claim 1 which is otherwise definite when construed in light of
the Specification as it would be interpreted by one of ordinary skill in the art.
See In re Cormany, 476 F.2d 998, 1000-02, 177 USPQ 450, 451-53 (CCPA
1973).
In this respect, Appellants disclose “[s]uitable organic molecules
(ligands) and complexes for use with the present invention are found, for
example in,” among other things, Hermant and Perkins, which are
incorporated by reference. Specification 6:28-7:7. As we further find
below, these references disclose the ligands and complexes thereof with, for
example, iron, as oxidation catalysts for bleaching compositions, which
contain either a peroxygen bleach or a source thereof or use molecular
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