Ex parte GILLIS et al. - Page 6




          Appeal No. 95-0999                                                          
          Application 07/925,347                                                      


          disclosure of either Gillis or Cassidy.  See In re Schaumann,               
          572 F.2d 312, 316, 197 USPQ 5, 9 (CCPA 1978)(prior art                      
          preferred genus which disclosed limited species, inclusive of               
          claimed species, constituted description                                    
          of the claimed species within the meaning of 35 U.S.C. §                    
          102(b));                                                                    
          In re Petering, 301 F.2d 676, 681, 133 USPQ 275, 280 (CCPA                  
          1962) (prior art genus containing only 20 compounds inherently              
          anticipated a claimed species within the genus because “one                 
          skilled in [the] art would . . . envisage each member” of the               
          genus).  Accordingly, we agree with the examiner that the                   
          claimed subject matter is fully described by either Gillis or               
          Cassidy within the meaning of 35 U.S.C. § 102 (b).                          
               In reaching this conclusion, we note appellants’ argument              
          that both Gillis and Cassidy are directed to “systems for                   
          preparing polymers by reaction injection molding processes                  
          (emphasis our own).”  See Brief, page 7.  However, we also                  
          note that the claimed subject matter is directed to a system,               
          rather than to a composition.  The claimed system comprises                 
          two individually packaged known components for the purpose of               


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