This term and related terms proved most time consuming

April 11 [Fri], 2014, 11:25
This term and related terms proved most time consuming and difficult to address, as the "words can be parsed separately, considered as independent terms, or reviewed in the larger context of the claims and the specifications." Report at 15. For "absorbing" the Special Master distinguished between impregnation forcing into by pressure and capillary action pulling into without pressure.For the definition of "material" the parties diverged over whether material referred to the ponents prising an absorbent or to fabric. The Special Master reviewed the record and the expert testimony and concluded that the materials referred to by the phrase required structure absent resin. However, the Special Master ultimately concluded that the required structure could be something other than a fabric.

"Resin absorbable material" was defined to mean "a structure capable of being impregnated with resin such that the resin substantially fills the voids of the fabric." This does raise the question of why the term "fabric" is used in the definition if the structure is not required to be a fabric. The author wonders if consideration was given to substituting the word "structure" for "fabric" in this definition.

The Special Master adopted the following definition for "under pressure": "having increased force per unit area higher than atmospheric pressure."The full 43-page Report addressing the additional terms can be accessed here.

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