Appeal 2007-1397
Application 10/375,238
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. Specification, e.g. 2:24 to 3:4. 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., 1:15-22 and
4:14-17. 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 4:6-14. 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
oxygen, wherein the transition metal catalysts facilitate bleach activation of
peroxy compounds and molecular oxygen. Hermant, e.g., 1:4-17; Perkins,
4
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