Appeal No. 1998-2451
Application No. 08/317,826
the formula on page 6 provides for an aluminum alkyl halide wherein
the alkyl is linear or branched, containing from 1 to 20 carbon
atoms, and the formula can have at most only two halides (when the
value of p is 1).
However, we observe that appellants= claim 1 recites having
multiple halides 4, i.e., in an amount greater than 2 to an amount
less than 2. Such claimed subject matter is not supported by the
aforementioned disclosure set forth on page 6 of appellants’
specification.
Hence, we find that the description of the “aluminum alkyl
halide” as set forth on page 6 of appellants= specification does
not allow for multiple halides from more than 2 to less than 2 as
now recited in the claims.
We are mindful of appellants’ arguments presented on pages 6-8
of the Brief, and on pages 4-8 of the Reply Brief. However, we
reiterate that the phrase “aluminum alkyl halide ... and the halide
group is a ...” allows for multiple halides from more than 2 to
less than 2.
Therefore, in view of the above, we affirm the rejection of
claims 1, 4, 5, 7-10, 13-16, 29-35, 42, and 45 under 35 USC ' 112
first paragraph (written description).
II. The 35 U.S.C. ' 112, first paragraph (written description)
rejection of claims 2, 6, and 28
4 The phrase “and the halide group” allows for multiple halide groups.
5
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