Appeal No. 1996-1788
Application No. 08/158,580
of their specification gives an indication as to what is meant
by the purportedly indefinite expression in terms of gel
contact. Moreover, "substantially" is used extensively in a
similar context in Mahabadi (see col. 5, l. 41-46; col. 8, l.
40-42) and, thus, its metes and bounds presumably would be
understood by those versed in the art.
We also disagree with the examiner that the phrase "the
resulting polymer melt" lacks antecedent basis. Adequate
antecedent basis may be reasonably inferred from the preamble
recitation relating to "melt mixing." The reasonable
inference to be drawn is that "the resulting polymer melt"
refers to the product which is formed during the mixing
operation previously recited in step (a) of the claim.
For the foregoing reasons, the decision of the examiner
is reversed.
Rejection Under 37 CFR § 1.196(b)
In accordance with the provisions of 37 CFR § 1.196(b),
we hereby apply the following new ground of rejection:
Claims 1-3, 10-12, 22-24, and 28-32 are rejected under
35 U.S.C. § 112, second paragraph, as being indefinite.
There is lack of antecedent basis in the subject claims for
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