Appeal 2007-4307
Application 10/173,095
Moreover, the phrase "before polymerizing and consolidating" is
ambiguous since the claim also says "polymerizing or consolidating" both
before and afterward (emphasis added). This difference raises the question
of whether the interposing step must occur (1) before some polymerization
or consolidation of the resin occurs, (2) before all polymerization and
consolidation occurs, or (3) something in between. Ultimately, the applicant
has the burden of drafting the claim to define the scope intended, while we
must give the claim as drafted its broadest reasonable construction.13 The
broadest reasonable construction of "before polymerizing and consolidating"
is that additional polymerization or consolidations of the resin may occur
before or after the interposing step as long as at least one polymerization or
consolidation of the resin occurs after the interposing step. Note that this
construction is consistent with the pre-polymerization of the resin
contemplated in the specification.
From the specification, we understand "component adapted for
macromolecular interpenetration with said resin" to encompass an adhesive
with elastic properties or a resin selected to interact with the resin of the
structural layer.14 Although the "component" may itself be a resin, we
understand "said resin" in the claim to refer to the resin of the structural
reinforcement layer.
The phrase "macromolecular interpenetration" is not defined in the
specification. Airbus gives an example, however, in which interpenetration
is said to be accomplished by polymerization with a fiber-reinforced resin
13 Morris, 127 F.3d at 1056-57, 44 USPQ2d at 1029-30.
14 Spec. 6:24-32.
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