Appeal No. 2000-1846
Application No. 08/709,879
the degree of protection sought by the appealed claims. In re
Grasselli, 713 F.2d 731, 743, 218 USPQ 769, 778 (Fed. Cir. 1983).
As pointed out by the examiner, the compositions of the
declaration representative of appellants’ invention are limited
to a specific compound for claimed components (b), i.e., a
triphenylsulfonium triflate, and a specific substituted imidazole
for claimed component (c), as well as a specific phenol whereas
the appealed claims broadly recite any phenol. While appellants
respond to the examiner’s criticism by noting that the polymer of
the declaration is within the scope of claimed components (a),
appellants do not address the breadth of claimed components (b),
(c) and (d), other than to offer the conclusory remark that the
substituted imidazole compound of the declaration is fully
representative of claimed component (c) and that the specific
phenol compound of the declaration is fully representative of
component (d)(see page 8 of principal brief, second paragraph).
Manifestly, that each of the compositional components of the
declaration fall within the scope of claimed components (a), (b),
(c) and (d) does not establish that the declaration results may
be reasonably extrapolated to the myriad of compositions within
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