Word-for-word alignment of the specification with the claim language is unnecessary for the appropriate meaning of a claim term to be ascertained from the intrinsic record. Here, for example, although the term “sealed” tank was added to the claims during prosecution and neither defined nor contained in the specification, it was found to be adequately ascertainable from the intrinsic record without having to resort to more limiting dictionary definitions. “Although the specification does not specifically define the term [at issue], the appropriate definition can be ascertained from the specification.” While internal consistency is still preferred for original claims, this would be a good case to consult and cite in response to an unreasonable interpretation of claim language added during prosecution that is not found in the specification.
Background / Facts: The patent being asserted here is directed to processes for producing oxidized and reduced coenzyme Q10, which is used to produce adenosine triphosphate for cellular respiration. The claims variously recite oxidation and reduction reactions by an organic solvent in a “sealed tank.”
Issue(s): Whether, because the term “sealed” is not defined or even used in the specification, the “sealed tank” limitation should be limited to its dictionary definition of “a tight and perfect closure (as against the passage of gas or water).”
Holding(s): No. “The district court’s reliance on the Commission’s dictionary definition and related testimony conflicts with the intrinsic record. Figure 1 and Example 8 suggest that the ‘sealed tank’ should be sealed to the atmosphere, but not necessarily to other materials, such as solvents. … Although the specification does not specifically define the term ‘sealed,’ the appropriate definition can be ascertained from the specification.” Further, “[w]e disagree that ‘sealed’ must be construed using a dictionary. As in the written description context, word-for-word alignment of disclosed embodiments (such as the extraction tanks depicted in Figure 1) with claim language is unnecessary when the meaning of a claim term can be ascertained from the intrinsic record.”