Appeal No. 95-3989
Application No. 07/956,107
instance to establish with objective evidence or compelling
scientific reasoning that one of ordinary skill in the art
would not understand the meaning and scope of the criticized
language when such language is read in light of the
specification and state of the prior art. In re Sneed, 710
F.2d 1544, 1548,
218 USPQ 385, 388 (Fed. Cir. 1983). Appellant's
specification, at page 9, line 1, expressly teaches that it is
preferable that substantially all of the prepolymers are
monomeric in form, and, at page 8, lines 24-27, the
specification teaches that ethylenically unsaturated compounds
having acrylic, methacrylic, vinyl and allyl functional groups
are exemplary of such prepolymers. In light of this
disclosure the examiner has not established on this record
that one of ordinary skill in the art would have difficulty in
understanding which monomers having acrylic, methacrylic,
vinyl and allyl groups would be suitable as copolymerizable,
radiation curable monomers. Also, the examiner has not
explained why one of ordinary skill in the art would not be
guided in this determination by the materials identified by
trade name in the specification examples. The fact that the
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