Mars Inc. v. H.J. Heinz Co.

Case Number: CLB0080

Date: 07.29.2004

Citation: 71 U.S.P.Q.2d 1837 (Fed. Cir. 2004)

As used in the claims at issue, the terms “containing” and “mixture” are open-ended terms that do not limit the claims to the recited elements. Further, the term “ingredients” is not limited to only those starting materials used to make the product, but instead refers to those elements of the product remaining after combination. Nothing in the specification or the prosecution history provided a sufficient reason to deviate from the ordinary meaning of these terms.

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