This punctuation indicates that for this specification, these polymers are “separate and distinct” from one another. See In re Affinity Labs of Texas, LLC, 856 F.3d 902, 907 (Fed. Cir. 2017) (finding that semicolons offsetting each of five steps of a method claim “strongly indicates that each step is separate and distinct”); In re Pelz, 379 Fed.Appx. 975, 978 (Fed. Cir. 2010) (noting that using “semicolons to separate the particulars for that list . . . indicates that the three positions are exemplary subsets”).
Long-Lewis Sterling W. Star of Bessemer v. Sterling Truck Corp. , 460 F. App'x 819, 821 (11th Cir. 2012) ("Ordinarily, words preceding a colon apply to the entire list of items that follow the colon."); In re Pelz , 379 F. App'x 975, 978 (Fed. Cir. 2010) (finding that a colon used after the phrase "consisting essentially of" indicated "that a list of particulars was to follow"). The forum selection clause appears in another section of the Terms of Service, clearly delineated by a separate heading titled "General," which would logically imply that the general terms for the entire contract are contained in that section.
However, Core acknowledges that where a prior art's additional element results in the absence of a recited element in the claim at issue, the prior art cannot anticipate the patent claim. See Mot. Summ. J. 16 (citing In re Pelz, 379 F. App'x 975 (Fed. Cir. 2010). In this case, a fact finder could determine that the addition of the Gould Patent's water-resistant chest panel results in the absence of a claimed element of the '239 Patent.