Appeal No. 1998-1006
Application No. 08/499079
comprising greater than 5 mole% of lactic acid having
a molecular weight (Mn) less than about 30,000 grams
per mole and Tg less than 110°C to the thermoplastic.
[emphasis added]
THE REFERENCES
Moss (Moss) 1,849,107 March 15, 1932
British Celanese 311,657 GB August 13, 1930
THE REJECTION
Claims 44-52 stand rejected under 35 U.S.C. § 112,
paragraph 1 (enablement).
Claims 44-52 stand rejected as unpatentable under 35
U.S.C. § 102(b) as anticipated by, or in the alternative
under 35 U.S.C. § 103(a) as obvious over Moss or British
Celanese.
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
appellants that the aforementioned rejections are not well
founded. Accordingly, we reverse each of the above-
mentioned rejections.
I. The Rejection under 35 U.S.C. § 112, paragraph 1
The first paragraph of 35 U.S.C. § 112, with regard to
enablement, requires that the specification enable a person
having ordinary skill in the art to make and use the
claimed invention. Further, enablement requires that the
specification teach those having ordinary skill in the art
to make and use the invention without “undue
2
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007