Appeal 2007-4013
Application 09/768,512
Thus, the specified process steps produce at least a metallic carrier in
which the components of the core as well as the core and the cylinder are
joined together upon cooling of the diffused molten brazing material,
wherein the diffused brazing material extends along the peripheries of the
core and cylinder from about the exhaust gas outlet toward the exhaust gas
inlet, but no further in direction of the exhaust gas inlet than the “solder-
rising preventing groove,” and the molten brazing material retained in the
groove solidifies to form a contact point between the core and the cylinder.
The transitional term “comprising” opens the claim to encompass
carriers with other structural features, including one or more additional
“solder-rising groove” as well as other grooves or recesses of any dimension
which are produced by additional process steps and conditions. See, e.g.,
KCJ Corp. v. Kinetic Concepts, Inc., 223 F.3d 1351, 1356, 55 USPQ2d
1835, 1839-40 (Fed. Cir. 2000); 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) (“As long as one of the monomers in the reaction is propylene, any
other monomer may be present, because the term ‘comprises’ permits the
inclusion of other steps, elements, or materials.”). The thus encompassed
carriers which, in addition to the specified area of brazing material contact
between the core and the cylinder, can have an area of brazing material over
any or all of the peripheries of the core and the cylinder between the
specified “solder-rising preventing groove” and the exhaust gas inlet, as well
as zones of solder between two “solder-rising preventing groove.” See, e.g.,
Specification 6-9 and Figs. 2 and 3. Any of the areas having brazing foil can
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