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CHEF AMERICA, INC. v. LAMB-WESTON, INC.

No. 03-1279.

358 F.3d 1371 (2004)

CHEF AMERICA, INC., Plaintiff-Appellant, v. LAMB-WESTON, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided February 20, 2004.

Attorney(s) appearing for the Case

Douglas B. Henderson, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Allen M. Sokal. Of counsel on the brief was Diane Myndie Brown, General Counsel, Hand-Held Foods Group, Nestle USA — Prepared Foods Division, Inc., of Englewood, Colorado.

Robert A. Schroeder, Bingham McCutchen LLP, of Los Angeles, California, argued for defendant-appellee. With him on the brief was Kevin K. Leung. Of counsel on the brief were John P. Passarelli, McGrath North Mullin & Kratz, of Omaha, Nebraska; and Rodney C. Jones, Lamb-Weston, Inc., of Eagle, Idaho.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The sole issue in this appeal is the meaning of the following language in a patent claim: "heating the resulting batter-coated dough to a temperature in the range of about 400° F. to 850° F." The question is whether the dough itself is to be heated to that temperature (as the district court held), or whether the claim only specifies the temperature at which the dough is to be heated, i.e., the temperature

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