Ex parte GUIDO STEFFAN - Page 15




          Appeal No. 94-3474                                                          
          Application 07/956,126                                                      


          compounds and peroxides.  It is evident from the disclosures of             
          Kobayashi and Döscher that peroxides and azo compounds are known            
          catalysts for free-radical reactions.  Also, Kobayashi discloses            
          using phosphorous trichloride as a catalyst which is analogous to           
          appellant’s disclosed example of phosphorous pentachloride.                 
          Moreover, we do not find any evidence of record from which to               
          conclude that appellant’s “free-radical generators” are inclusive           
          of all means for generating free-radicals, i.e., catalysts, UV              
          radiation and thermal.  Appellant’s “free-radical generators” are           
          limited to compounds that generate free-radicals.  Thus, we find            
          that one of ordinary skill in the art would have understood the             
          expression “without the addition of free-radical generators” to             
          mean without the addition of free-radical catalyst compounds such           
          as  phosphorous pentachloride, sulphuryl chloride, sulphur                  
          chlorides, iodine, peroxides and azo compounds, to the reaction.            
          It is also evident from these disclosures that if free-radical              
          generator catalysts are employed, the catalysts are explicitly              
          set forth in the examples.                                                  
               For the reasons given above, we find that the expressions              
          “without ultraviolet radiation” and “without the addition of                
          free-radical generators” do not introduce new concepts and                  
          violate the written description requirement of the first                    

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