Appeal No. 95-1209
Application No. 07/842,480
Claims are definite if they set out and circumscribe a
particular area with a reasonable degree of precision and
particularity. In re Moore, 439 F.2d 1232, 1235, 169 USPQ
236, 238 (CCPA 1971). The claims are to be read, not in a
vacuum, but in light of the prior art and the disclosure, as
interpreted by one of ordinary skill in the art. Moore, 439
F.2d at 1234, 169 USPQ at 238. As the examiner recognized,
and as appellants acknowledge (Brief at pages 7-8), one of
ordinary skill in the art is well aware that copolymers of
compound (I) with other siloxanes would be formed from
hydrolyzable derivatives (such as silanols) of (I). We also
observe that it is not uncommon to name copolymers according
to the structures comprising the backbone, and that groups
that are lost in condensation reactions are not always
included in the name of the polymer. Since, on the present
record, it is clear that one of ordinary skill in the art
would understand and not be misled as to the scope of the
claim, we cannot sustain this rejection.
The examiner has rejected the claims under 35 U.S.C.
§ 103(a) as obvious over Miyake; the other cited references
are relied upon to establish the range of values of melting
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