Appeal No. 2002-2217
Application 09/549,016
requires that the resin is obtainable by reacting the compound of
formula 1 with components A and B. As discussed above, Cox would
have fairly suggested such a resin to one of ordinary skill in
the art. The appellants’ resin, as claimed, does not exclude
phenol groups. To read the appellants’ claim 1 as proposed by
the appellants would require reading a limitation from the
specification into the claim, which is improper. See In re
Prater, 415 F.2d 1393, 1405, 162 USPQ 541, 551 (CCPA 1969).
For the above reasons we conclude that the appellants’
claimed invention would have been obvious to one of ordinary
skill in the art within the meaning of 35 U.S.C. § 103.
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